! notes  £ 

i , 

I <i.erv^  • 


may  1 3 1955 


LIST 


OF  THE 


OFFICERS  OF  -TRIE  CITY 


D.  M.  MclN  ro.SH,  Recorder.  S.  C.  KOONTZ,  Tre^^urer 

CHAS.  WEARE.  Marshal.^ 


First  Ward . 
d . T.  WALKER. 
J.  J.  SNOITFFER. 


ALDERMEN. 

Second  Ward. 

J.  F.  CHARLES. 
A.  HAGER. 


1 


riiird  Ward. 

S.  WARD. 

W . D.  WATROUB. 


1857. 


0 


MAYOR. 

ISAAC  il.  WHITTAM. 

E.  P.  hIjNTINGTON,  Recorder  S.  C.  KOONTZ,  Treasurer. 

S.  O.  LAMPSON,  Marshal. 

ALDERMEN. 

Second  Ward.  Third  Ward. 

S.  D.  CARPENTER.  Wm.  RICHMOND. 


First  Ward. 

J.  J.  BNOUFFER. 
JNO.  C.  GRAVES^ 


J.  J.  CHILD. 


A.  WHITENACK, 


UST  OF  OFFICERS  OF  THE  CITY. 


1858. 


MAYOR, 


R.  C.  ROCK. 

(jrEORGE  SEYMOUR,  Recorder.  S.  C.  KOONTZ,  Treasurer. 

C.  T.  KELLOGG,  Marshal. 


ALDERMEN. 

First  Ward, 

Second  Ward. 

Third  Ward. 

J . J.  SNOUFFER. 

D.  N.  SPRAGUE. 

Wm.  RICHMOND. 

JOHN  C.  GRAVES. 

R.  R.  TAYLOR. 

S.  A.  SHATTUCK. 

1859. 

MAYOR. 

D.  N.  SPRAGUtf 

GEORGE  SEYMOUR,  Recorder.  S.  C.  KOONTZ,  Treasurer. 

Wm.  M.  McMAHONE,  Marshal. 


First  Ward. 

JOHN  C.  GRAVES. 
T.  Z.  COOK. 


ALDERMEN. 

Second  Ward. 

D.  M.  MclNTOSH. 
CHAS.  WEARE. 


TER. 


1860. 

MAYOR. 

E.  H.  STEDMAK. 


GEORGE  SEYMOUR,  Recorder.  J.  S.  WATTLES,  Treasurer. 

BENJ,  DARNELL,  Marshal. 


First  Ward. 
T.  Z.  COOK, 
A.  HAGER. 


, ALDERMEN. 

Second  Ward. 
W.  B.  MACK. 

R.  P.  KINGMAN. 


Third  Ward. 

G.  LIVENSBARGER. 
J.  P.  COULTER. 


1861. 

MAYOR. 

HOMER  BISHOP. 


M.  A’.  HTGLEY,  Recorder.  J.  S.  WATTLES,  Treasurer. 

BENJ.  DARNEI.L,  Marshal. 


it  > . ^ 


LIST  OP  OFFICERS  OF  THE  CITV. 


VII 


First  Ward. 

S.  C.  BEVER. 

H.  E.  HIGLEY. 


ALDERMEN. 
Second  Ward. 

R.  P.  KINGMAN. 

I.  W.  CARROLL 


Third  Ward. 

J.C.  ADAMS. 
GEO.  DEWEY. 


1862. 

MAYOR. 

T.  Z.  COOK* 


S,C.  KOONTZ,  Recorder.  J.  S.  WATTLES.  Treasurer. 

J.  HOGENDOBLER,  Marshal. 


First  Ward. 

S.  C.  BEVER. 
H.  E.  HIGLEY. 


ALDERMEN. 

Second  Ward. 

I.  W.  CARROL].. 
H.  B.  STIBBS. 


Third  Ward. 
GEO.  DEWeVt 
s.  G.  McClelland. 


1863. 

MAYOR. 

MO  WRY  FARNUM. 


GEO.  C.  HAM  AN,  Recorder.  BENJ.  HARRISON,  Treasurer. 

A.  LAURANCE,  Marshal. 

ALDERMEN. 


First  Ward. 

-^  S.C.  BEVER. 

».  DENLINGER. 


Second  Ward. 

H.  B.  STIBBS. 

I.  W.  (’ARROLL. 


Third  Ward. 
^G.  McClelland. 
■ os.  SLONAKER. 


1864. 

MAYOR. 

MO  WRY  FARNUM. 

GEO.  C.  HAMAN,  Recorder.  BENJ.^HARRISON,  Treasurer. 

A.  LAURANCE,  Marshal. 

ALDERMEN. 

^ First  Ward.  Second  Ward.  Third  Ward. 

- S.  C.  BEVER.  D.  DENLINGER.  S.  G.  MCCLELLAND. 

E.  H.  STEDMAN.  -lOS.  HOLLAN.  T.  SLONAKER. 


*Rfesigned  August  9th,  1862,  and  entered  the  18th  Regiment  Iowa  Volunteer  Infantry, 
as  Lieutenant  Colonel,  and  was  succeeded  by  Charles  Weare. 

Changes  that  have  occurred  among  the  other  officers  of  the  City,  by  resignation  or 
otherwise,  are  not  shown. 


! ! 79299 


LIST  OF  OFFICERS  OF  THE  CITY 


viii 


1865. 

MAYOR. 

H.  CHURCH. 

GEO.  C.  HAM  AN,  Recorder.  BENJ.  HARRISON,  Treasurer. 


First  Ward. 

T.  M.  PARSONS,  Marshal. 

ALDERMEN. 

Second  Ward. 

Third  Ward. 

S.  C.  BEVER. 

D.  DENLINGER.  G. 

LIVENSBARGER. 

E.  E.  LEACH. 

C.  WEARE.  J. 

C.  ADAMS. 

1866. 

MAYOR. 

A.  R.  WEST. 

GEO.  C.  HAMAN,  Recorder.  BENJ.  HARRISON,  Treasurer. 

J.  O.  STEWART,  Marshal. 


First  Ward. 

ALDERMEN. 

Second  Ward. 

Third  Ward. 

J.  J.  SNOUFFER. 

H.  B.  STIBBS. 

J.  C.  ADAMS. 

J.  WETZEL. 

N.  S.  MERSHON. 

J.  A.  HART. 

1867. 

^1^  MAYOR. 

A.  R.  WEST. 

D.  A.  BRADLEY,  Recorder.  BENJ. 

HARRISON,  Treasurer, 

A. 

LAURANCE,  Marshal. 

First  Ward. 

• 

ALDERMEN. 
Second  Ward. 

Third  Ward. 

J.  J.  SNOUFFER. 

H.  B.  STIBBS. 

J.  A.  HART. 

J.  WETZEL. 

E.  ROBINS. 

L.  WALLACE. 

1868, 

.MAYOR. 

J.  P.  COULTER. 

D.  A.  BRADLEY,  Recorder.  BENJ.  HARRISON,  Treasurer 

A.  LAURANCE,  Marshal. 


LIST  OF  OFFICERS  OF  THE  CITT. 


IX 


ALDERMEN. 

First  Ward. 

Second  Ward. 

Third  Ward. 

J.  WETZEL. 

E.  ROBINS. 

Wm.  STEWART. 

A.  C.  CHURCHILL. 

E.  E.  LEACH. 

JAS.  ALBRIGHT. 

1869. 

MAYOR. 

A.  R.  WEST. 

GEO.  C.  HAMAN.  Recorder.  BENJ.  HARRISON,  Treasurer. 

A. 

LAURANCE,  Marshal. 

ALDERMEN. 

First  Ward. 

Second  Ward. 

Third  Ward. 

A.  C.  CHURCHILL. 

E.  E.  LEACH. 

Wm.  STEWART. 

E.  S.  HILL. 

D.  DENLINGER. 

J.  F.  CHARLES. 

1870. 

MAYOR. 

Wm.  B,  leach. 

W.  B.  STEWART,  Recorder,  BENJ. 

HARRISON,  Treasurer. 

A. 

LAURANCE.  Marshal. 

ALDERMEN. 

First  Ward. 

Second  Ward. 

Third  Ward. 

E.  S.  HILL. 

E.  E.  LEACH. 

%Wm.  STEWART. 

J.  J.  SNOUFFER, 

E.  ROBINS. 

ELIHU  BAKER. 

1871. 

MAYOR. 

T.  Z.  COOK. 

H.  J.  HARVEY,  Police  Judge.  J.  C. 

S rODDARD,  Recorder. 

BENJ.  HARRISON,  Treasurer.  A. 

LAURANCE,  Marshal. 

ALDERMEN. 

First  Ward. 

Second  Ward. 

J.  J.  SNOUFFER. 

E.  E.  LEACH. 

J.  L.  BEVER. 

I.  H.  SHAVER. 

Third  Ward. 

Fourth  Ward. 

Wm.  STEWART. 

E.  E.  LEACH. 

C.  C.  COOK. 

JAMES  BELL. 

X 


LIST  OF  OFFICERS  OF  THE  CITY. 


1872. 

MAYOR. 

E.  8.  HILL. 


A.  St.  CLAIR  SMITH,  Police  Judge.  J.  (L  STODDARD,  Recorder. 
BEN J.  HARRISON, Treasurer.  HIEL  HALE,  Marshal. 


First  Ward. 

ALDERMEN 

Second  Ward. 

J.  L.  BEVER. 

G.  M.  HOWLETT. 

I.  H.  SHAVER. 
C.  H.  CLARK. 

Third  Ward. 

Fourth  Ward. 

W.  STEWART. 
C.  C.  COOK. 

1873. 

GEO  DALE. 
£.  E.  LEACH. 

MAYOR. 

J.  F.  CHARLES. 


A.  St.  CLAIR  SMITH,  Police  Judge.  J.  C.  STODDARD,  Recorder. 
BENJ.  HARRISON,  Treasurer.  HIEL  HALE,  Marshal. 


ALDERMEN. 


First  Ward. 

J.  L.  BEVER. 

G.  M,  HOWLETT. 


Second  Ward. 
C.  II.  CLARK. 
C.  C.  COOK. 


Third  Waj 
HENRY  F' 


t 

OR! 


SYTHE. 


W.  S.  BRADLEY. 


Fourth  Ward. 
GEO.  DALE. 

S.  T.  WEIR. 


RULES  AND  ORDER  OF  BUSINESS 


OF  THE 

CITY  COUNCIL 


OF  THE 

y 

CITY  OF  CEDAR  RAPIDS. 


Adopted  by  the  City  Council. 


MEETINGS  OF  THE  CITY  COUNCIL. 

Rule  1.  Regular  meetings  of  the  City  Council  shall  be 
held  as  provided  by  ordinance. 

Notices  of  special  meetings  shall  be  served  by  the  Mar- 
shal on  each  Alderman  personally,  or  by  leaving  the  same 
at  his  usual  place  of  abode  or  business. 

The  Marshal  shall  have  charge  of  the  Council  Room,  and 
give  his  attendance  on  the  meetings  of  the  Council. 

ORDER  OF  BUSINESS. 

Rule  2.  It  shall  be  the  duty  of  the  Mayor  to  take  the 
chair  at  the  hour  to  which  the  Council  shall  have  ad- 
iourned,  and  call  the  Council  to  order,  when  the  Recorder 
shall  proceed  to  call  the  roll  of  members,  marking  the  ab- 
sentees, and  announce  whether  a quorum  be  present.  Up- 


ORDER  OP  BUSINESS 


on  the  appearance  of  a qiioram  the  Council  shall  then  pro- 
ceed to  the  business  before  them,  which  shall  be  conducted 
in  the  following  order  : 

1.  The  reading  of  the  journal  of  the  last  meeting  or 
meetings,  amendments,  and  approval  of  the  same. 

2.  The  presentation  of  petitions  and  other  communica- 
tions. 

3.  Reports  of  City  Officers. 

4.  Reports  of  standing  committees,  and  the  disposition 
of  the  same. 

5.  Reports  of  special  committees,  and  the  disposition  of 
the  same. 

6.  Unfinished  business. 

7.  Uew  business,  resolutions,  motions,  &c. 

Rule  3.  All  questions  relating  to  the  priority  of  busi- 
ness, shall  be  decided  by  the  Chair  without  debate. 

DUTIES  AND  PRIVILEGES  OF  THE  MAYOR. 

Rule  4.  The  Mayor  shall  preserve  order  and  decorum, 
may  speak  to  points  of  order  in  preference  to  other  mem- 
bers, and  shall  decide  questions  of  order,  subject  to  an  ap- 
peal to  the  Council  by  any  one  of  its  members.  He  shall 
have  the  casting  vote  on  all  questions  on  which  the  Coun- 
cil is  equally  divided. 

Rule  6.  The  Mayor  shall  state  every  question  to  the 
Council  before  putting  it  to  vote. 

Rule  6.  When  any  question  or  proposition  is  made  the 
question  ‘‘Will  the  Council  now  consider  it  ?”  shall  not  be 
put,  unless  it  is  demanded  by  some  member  of  the  Coun- 
cil, or  it  is  deemed  necessary  by  the  Mayor. 

Rule  7.  The  Mayor  shall  examine  and  correct  the 
Journal  before  it  is  read.  He  shall  have  the  right  to  name 


OF  CITY  COUNCIL. 


3 


any  member  to  perform  the  duties  of  the  chair,  but  such 
substitution  shall  not  extend  beyond  an  adjournment. 

Rule  8.  Every  member,  previous  to  his  speaking,  shall 
rise  from  his  seat,  and  address  himself  to  the  Mayor,  but 
shall  not  proceed  with  his  remarks  until  recognized  and 
named  by  the  Chair. 

Rule  9.  When  two  or  more  members  rise  at  once,  the 
Mayor  shall  name  the  member  who  is  first  to  speak. 

Rule  10.  In  case  of  an 3^  disturbance  or  disorderly  con- 
duct in  the  Council  Chamber,  while  the  Council  is  in  ses- 
sion, the  Mayor  shall  have  power  to  order  the  same  to  be 
cleared. 

COMMITTEES  OF  THE  COUNCIL. 

Rule  11.  All  committees  shall  be  appointed  by  the 
Mayor,  unless  specially  directed  b}"  the  Council,  in  which 
case  they  shall  be  appointed  by  ballot. 

Rule  12.  In  all  cases  where  others  than  members  of 
the  Council  are  eligible  to  office,  they  shall  be  elected  by 
ballot,  the  person  receiving  the  highest  number  of  ballots 
shall  be  declared  elected. 

STANDING  COMMITTEES. 

Rule  13.  At  the  first  meeting  of  the  Council  in  each 
year,  there  shall  be  appointed  six  standing  committees, 
each  to  consist  of  not  less  than  two  members,  viz  : Com- 

mittee on  Finance,  Committee  on  Streets  and  Alleys,  Com- 
mittee on  Ordinance,  Committee  on  Fire  Department, 
Committee  on  Gas,  and  Committee  on  Parks. 

FINANCE  COMMITTEE. 

Rule  14.  It  shall  be  the  duty  of  the  Committee  on  Fi- 
nance to  audit  all  claims  against  the  City,  to  ascertain  as 
near  as  possible  the  financial  condition  of  the  City,  and  re- 
port at  such  times  as  the  Council  may  determine. 


4 


ORDER  OF  BUSINESS 


COMMITTEE  ON  STREETS  AND  ALLEYS. 

Rule  15.  It  aliall  be  the  duty  of  the  Committee  on 
Streets  and  Alleys  to  examine  into  the  condition  of  the 
same,  and  Report  to  the  Council,  and  also  to  assist  the 
Mayor  in  enforcing  such  regulations  and  ordinances  with 
reference  to  the  same  as  the  Council  may  enact. 

ORDINANCE  COMMITTEE. 

Rule  16.  It  shall  be  the  duty  of  the  Committee  on  Or- 
dinance to  report  to  the  Council  such  Ordinances  as  in 
their  judgment  the  general  good  of  the  City  may  require, 
and  also  to  assist  the  Mayor  in  enforcing  the  same. 

COMMITTEE  ON  EIRE  DEPARTMENT. 

Rule  17.  It  shall  be  the  duty  of  the  Committee  on  Fire 
Department  to  furnish  all  necessary  supplies,  to  certify  to 
all  bills  for  same  to  the  Council,  to  take  cognizance  of  all 
matters  pertaining  to  the  Department,  and  to  have  charge 
of  all  improvements  and  repairs  on  the  City  buildings. 

COMMITTEE  ON  GAS. 

Rule  18.  It  shall  be  the  duty  of  the  Committee  on  Gas 
to  examine  all  meters  used  by  the  City,  to  certify  to  all 
bills  for  gas  or  gas  material,  and  have  full  charge  of  light- 
ing the  Street  Lamps. 

COMMITTEE  ON  PARKS. 

Rule  19.  It  shall  be  the  duty  of  the  Committee  on 
Parks  to  have  full  charge  of  all  public  grounds  not  in- 
cluded in  Streets  and  Alleys,  and  keep  the  same  in  propei’ 
order  and  condition. 

Rule  20.  No  bill  against  the  City  shall  be  entertained 
by  this  Council  unless  endorsed  by  the  Committee  of  the 


OF  CITY  COUNCIL. 


5 


department  to  wliicli  it  belongs ; and  all  committees  in  pur- 
chasing supplies  for  their  respective  departments,  shall  re- 
quire a hill  of  items,  with  price  of  same  at  the  time  of  pur- 
chase, and  with  the  name  of  purchaser,  and  shall  sign  and 
present  the  same  at  the  next  regular  meeting  of  the 
Council. 

ORDINANCES. 

Rule  21.  All  votes  taken  on  the  adoption  of  Ordinances 
shall  be  taken  by  yeas  and  nays ; each  member  upon  his 
name  being  called  shall  declare  openly  and  without  debate 
his  assent  or  dissent  to  the  question,  unless  for  special  rea- 
sons he  be  excused  by  the  Council. 

Rule  22.  All  Ordinances  shall  be  read  at  least  three 
times,  but  on  motion,  no  member  dissenting,  any  Ordinance 
may  be  read  the  second  and  third  times  by  its  title. 

Rule  23.  All  Ordinances  shall  be  read  twice  on  intro- 
duction, and  then  laid  on  the  table  until  the  next  regular 
meeting  of  the  Council,  but  no  objection  being  made  by 
any  member  of  the  Council,  this  rule  may,  on  motion,  be 
suspended,  and  the  Ordinance  passed  at  the  same  meeting 
of  its  introduction. 

PENALTY  FOR  ABSENCE. 

Rule  24.  Any  member  of  the  Council  (Recorder  or 
Marshal)  who  shall  absent  himself  from  a regular  adjourned 
meeting  of  the  Council,  unless  excused  by  the  same,  shall 
forfeit  the  sum  of  fifty  cents,  to  be  paid  into  the  City  Treas- 
ury, for  each  and  every  meeting  from  which  he  is  absent, 
the  same  to  be  collected  as  the  Council  shall  determine. 

Rule.  25.  All  business  of  the  Council  not  herein  enu- 
merated shall  be  conducted  upon  the  usual  parliamentary 
rules  and  usages  adopted  by  “ Cushing’s  Manual.” 

Rule  26.  N”o  part  of  these  Rules  shall  be  repealed, 
amended  or  altered,  unless  notice  to  that  effect  shall  be 


6 


OKDEK  OF  BUSINESS 


presented  in  writing  to  the  Council,  and  the  same  shall  lay 
over  one  meeting  before  action  shall  be  had  thereon,  when, 
if  two-thirds  of  the  members  present  vote  in  favor  of  the 
same,  it  shall  he  adopted ; these  Rules  may  be  tempora- 
rily suspended  by  the  unanimous  consent  of  all  the  mem- 
bers present. 


CHARTER 


OF  THE 

CITY  OF  CFDAR  RAPIDS. 


Chapter  XVI,  Page  29,  haws  of  1856, 

(With  the  Amendment  of  Mareh  3,  1868.) 


AN  ACT,  amendatory  of  the  Act  Incorporating  the  town  of 
Cedar  Rapids. 


1.  Boundaries,  corporate  pow- 
ers, and  in  whom  vested. 

2.  Ownership  of  the  funds, 
property,  and  rights  of  the  town 
of  Cedar  Rapids. 

3.  The  city  divided  into  three 
wards. 

4.  Declares  who  are  citizens, 
and  who  are  entitled  to  vote. 

6 and  6.  Provides  for  ballot-box, 
for  judges  and  clerks  of  election, 
and  mode  of  challenging. 

7.  Defines  who  are  eligible  to 
an  elective  office. 

8.  All  ofiicers,  except  aldermen, 
to  be  elected  for  one  year. 

9.  Manner  and  time  of  election. 

10  and  11.  Organization  of  City 

Council,  its  powers  and  duties. 

12,  13  and  14.  Aldermen,  term 
of  ofiice,  removal  from  Wards. 

15  to  18  inclusive . Duty  and 
powers  of  the  Mayor. 

19.  Duties  of  Marshal. 

20.  Bonds  of  ofiicers. 


21.  Call  for  elections,  and  re- 
turns thereof. 

22.  Officers  to  take  an  oath. 

23.  Members  of  Council  ineli- 
gible to  ofiice,  and  cannot  be  inter- 
ested in  contracts  for  cit}'. 

24  and  25.  Publication  of  or- 
dinances. 

26.  Duty  of  Recorder. 

27.  City  Council  to  adjust  fees 
of  ofiicers. 

28.  Meetings  of  Council  lo  be 
public. 

29.  The  Council  may  appoint 
certain  officers  or  provide  for 
their  election. 

30.  31  and  32.  Vacancy  of  offi- 
ces, and  how  filled. 

33.  Power  of  the  Council  to 
pass  ordinances. 

34.  Proceedings  for  violafioti 
of  ordinances. 

35.  Power  to  organize  Fire 
Companies. 


8 


CITY  CHARTER. 


36.  May  regulate  the  sale  of  I 
gunpowder. 

37  Power  of  City  Council  to  ! 
issue  licenses. 

38.  May  provide  for  the  health 
of  the  city. 

39.  May  regulate  hacks  and 
drays,  and  prohibit  animals  from 
running  at  large. 

40.  Council  to  provide  for  keeji- 
ing  the  public  money,  and  publish 
statement  annually. 

41.  Power  to  establish  grade  of 
streets  and  alleys. 

42.  Imprisonment  for  violating  I 
ordinances. 

43.  Council  may  levy  tax  on 
all  property. 

44.  45  and  46.  Collector  and 
liis  duties. 

47.  Council  to  provide  for  as- 
sessing and  taxing  property,  and 
sales  for  delinquent  taxes. 

48  and  49.  Council  may  ©pen 
and  extend  streets,  alleys  and 


public  grounds,  and  keep  in  re- 
pair. 

50.  Council  have  power  to  open 
and  repair  sewers  and  drains. 

51.  Control  of  streets  and  al- 
leys, paving  same  and  tax  therefor. 

52.  The  city  a special  road  dis- 
trict. 

53.  The  Council  may  on  peti- 
tion prohibit  the  erection  of 
wooden  buildings. 

54.  Council  may  borrow  money, 
first  submitting  the  question  to  a 
vote. 

55.  Compensation  of  Mayor 
and  Aldermen. 

56.  May  license  pedlars  and 
ferries  within  the  city. 

57.  Adoption  of  this  Charter 
by  a vote  of  the  electors. 

58.  Special  election , if  this 
Charter  is  adopted. 

59.  When  to  take  effect. 

60.  Repeals  conflicting  acts. 


Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Iowa:  That  all  that  part  of  township  eighty-three 

(88)  north  of  range  seven  (7)  west  of  the  5th  principal  me- 
ridian in  Linn  county,  in  the  State  of  Iowa  which  is  in- 
cluded in  the  limits  of  the  present  town  of  Cedar  Rapids, 
shall  be  and  is  hereby  declared  to  be  a city,  and  the  inhab- 
itants thereof  are  created  a body  corporate  and  politic, 
with  perpetual  succession  l)y  the  name  and  style  of  the 
City  of  Cedar  Rapids,  and  as  such,  shall  by  that  name  be 
capable  in  law  of  contracting,  and  being  contracted  with, 
Slicing  and  being  sued ; also  of  purchasing,  using  and  con- 
veying real  and  personal  property,  and  may  have  and  use 
a corporate  seal,  and  change  the  same  at  pleasure,  and  shall 
have,  exercise,  and  enjoy  all  the  rights,  privileges,  powers 
and  immunities  appertaining  to,  and  be  subject  to  all  the 
duties  and  obligations  incumbent  upon  a municipal  incor- 
poration. And  for  the  better  ordering  and  governing  said 
city,  the  exercise  of  the  corporate  powers  of  the  same  here- 


CITY  CHARTER. 


9 


in  and  hereby  granted,  sliall  be  vested  in  a Mayor  and  six 
Aldermen,  to  be  denominated  the  City  Conncil,  together 
with  such  other  officers  as  are  herein  mentioned  and  pro- 
vided for. 

Sec.  2.  That  the  said  City  of  Cedar  Rapids  shall  be  and 
is  hereb}"  invested  as  the  lawful  owner  and  proprietor  with 
all  the  property,  funds  and  revenue,  and  all  moneys,  debts, 
accounts  and  demands  due  and  owing  or  in  any  wise  be- 
longing to  the  town  of  Cedar  Rapids,  or  which  may  have 
been  acquired  by  or  vested  in  the  “Mayor  and  Council  of 
the  town  of  Cedar  Rapids,  and  the  same  are  hereby  trans- 
ferred to  the  Corporation  created  by  this  act ; and  all  suits 
pending  or  judgments  recovered  by,  in  favor  of,  or  against 
said  town  of  Cedar  Rapids,  or  Mayor  or  Council  of  the 
town  of  Cedar  Rapids,  together  with  all  rights,  interests, 
claims  and  demands  in  favor  of  or  against  the  same,  may 
be  continued,  prosecuted,  defended  and  collected,  as 
though  this  act  had  never  been  passed. 

Sec.  3.  That  said  city  be  divided  into  three  wards,  as 
follows,  to-wit ; all  that  part  of  said  city  west  of  Eagle 
street  shall  constitute  the  first  ward.  All  that  part  lying 
between  Eagle  and  Greene  streets  shall  constitute  the  sec- 
ond ward,  and  all  that  part  of  said  city  lying  east  of  Greene 
street  shall  constitute  the  third  ward. 

Proviso^  That  the  City  Council  may  change,  unite  or  di- 
vide said  wards,  or  any  of  them , and  establish  new  wards 
whenever  they  shall  think  it  necessary  and  proper,  and 
that  there  shall  be  two  additional  Aldermen  for  every  new 
ward  the  City  Council  may  establish. 

Sec.  4.  Every  white  male  citizen  of  the  United  States 
of  the  age  of  twenty-one  years,  who  shall  have  been  a resi- 
dent of  the  city  thirty  days,  next  preceding  a city  election, 
and  is  a resident  of  the  ward  of  which  he  offers  his  vote,  is 


10 


CITY  CHARTER. 


declared  a citizen  of  the  said  city,  and  is  entitled  to  vote  at 
all  the  elections  thereof. 

Sec.  5.  The  City  Council  shall  provide  a ballot  box,  to 
be  used  at  city  elections,  which  shall  have  as  many  sepa^ 
rate  apartments  as  there  are  wards  in  the  city,  one  apart- 
ment of  which  shall  be  appropriated  exclusively  for  the 
votes  of  each  ward,  and  the  ballot  of  every  voter  shall  be 
deposited  in  the  one  of  the  said  apartments  appropriated 
exclusively  for  the  ward  in  which  he  resides.  The  City 
Council  shall  elect  three  of  their  number  to  be  judges  of 
each  city  election,  who  shall  appoint  clerks,  and  in  other 
respects,  except  as  herein  otherwise  provided,  city  elections 
shall  be  conducted  in  manner  similar  to  that  in  which  the 
elections  are  conducted  in  the  townships,  as  the  nature  of 
the  case  permits. 

Sec.  6.  A person  offering  to  vote,  may  be  challenged 
as  at  township  elections,  and  an  oath  may  be  administered 
to  him  in  like  manner,  naming  the  qualifications  herein 
prescribed. 

Sec.  7.  No  person  shall  be  eligible  to  any  elective  office 
mentioned  in  this  act  unless  he  be  a legal  voter  of  the  city, 
and  shall  have  been  a resident  thereof  for  one  year  pre- 
ceding his  election. 

Sec.  8.  That  all  elective  officers,  except  Aldermen,  shall 
be  elected  for  one  year  from  the  time  of  their  election,  and 
until  their  successors  are  elected  and  qualified. 

Sec.  9.  That  the  qualified  electors  of  said  city,  shall,  on 
the  first  Monday  of  March,  A.  D.  1857,  elect  a Mayor,  and 
at  the  same  time  two  Aldermen  for  each  ward,  a Marshal, 
one  person  to  be  Treasurer  and  Collector,  and  one  person 
to  be  Recorder  and  Assessor ; the  two  Aldermen  elected 
for  each  ward  shall  be  residents  thereof,  and  be  elected  by 
the  legal  voters  thereof.  City  elections  shall  be  held  at  the 
same  time  annually  thereafter,  for  said  officers,  but  after 


CITY  CHARTER. 


11 


the  first  Monday  of  March  1857,  but  one  Alderman  for 
each  ward  shall  be  elected  annually. 

Sec.  10.  That  the  Mayor  and  Aldermen  so  elected, 
when  assembled  together  and  duly  organized,  shall  consti- 
tute the  City  Council,  a majority  of  the  whole  number  of 
whom  shall  be  necessary  to  constitute  a quorum  for  the 
transaction  of  business;  they  shall  be  the  judges  of  the 
election  returns  and  qualifications  of  their  own  members. 
They  shall  determine  the  rule  of  their  proceedings  and 
keep  a journal  thereof,  which  shall  be  open  to  the  inspec- 
tion of  every  citizen ; and  may  compel  the  attendance  of 
absent  members  in  such  manner  and  under  such  penalties 
as  they  may  think  fit ; and  may,  by  a vote  of  two-thirds  of 
the  whole  number  of  said  City  Council,  expel  any  member 
thereof,  and  they  shall  meet  in  some  convenient  place  in 
said  city,  on  the  second  Monday  of  March,  and  take  the 
oath  of  ofiice  before  some  officer  qualified  to  administer  the 
same,  and  proceed  to  elect  from  their  own  body  a president 
thereof. 

Sec.  11.  At  the  said  first  meeting  of  the  City  Council, 
or  as  soon  thereafter  as  practicable,  the  City  Council  shall 
proceed  to  classify  the  Aldermen,  in  order  that  one-half  of 
the  Aldermen  shall  be  elected  each  year,  in  the  manner 
and  at  the  time  above  provided.  In  classifying,  they  shall 
take  the  wards  in  numerical  order,  from  Ho.  1 up ; the 
Aldermen  of  the  first  ward  shall  first  classify  in  the  follow- 
ing manner : the  Recorder  shall  write  on  two  slips  of 
paper,  on  one  the  word  one,  and  on  the  other  the  word 
two  ; shall  fold  them  and  deposit  them  in  a hat,  box  or 
other  suitable  place,  and  the  Aldermen  from  said  ward 
shall  then  draw ; the  one  drawing  the  paper  with  the  word 
one,  shall  continue  in  office  for  one  year  from  the  time  of 
his  election,  and  until  his  successor  is  elected  and  qualified ; 
and  the  one  drawing  the  paper  with  the  word  two,  shall 


12 


CITY  CHARTER. 


continue  in  office  for  two  years  from  the  time  of  his  elec- 
tion, and  until  his  successor  is  elected  and  qualified;  and 
they  shall  proceed  to  classify  until  all  the  wards  of  said  city 
shall  be  classified. 

Sec.  12.  When  new  wards  are  organized  in  said  city, 
and  Aldermen  elected,  they  shall  classify  in  the  same  man- 
ner above  described. 

Sec.  13.  The  Aldermen  to  be  elected  after  the  first 
Monday  of  March,  A.  D.  1857,  shall  be  elected  for  two 
years  from  their  election,  and  until  their  successors  are 
elected  and  qualified. 

Sec.  14.  A removal  out  of  the  ward  by  any  Alderman, 
shall  vacate  the  seat  of  said  Alderman,  which  shall  be  filled 
as  provided  by  this  charter. 

Sec.  15.  It  shall  be  the  duty  of  the  Mayor  to  see  that 
the  laws  and  ordinances  of  the  city  are  executed,  and  their 
violations  punished,  to  superintend  and  regulate  the  official 
conduct  of  subordinate  officers,  to  sign  and  seal  all  com- 
missions, licenses,  and  permits  granted  by  the  City  Council, 
and  to  perform  such  duties  and  exercise  such  powers  as 
pertain  to  the  office  of  Mayor  of  a City,  and  such  as  may  be 
granted  and  imposed  by  the  ordinances  of  the  city  consist- 
ent with  law. 

Sec.  16.  The  Mayor  shall  be  conservator  of  the  peace 
within  the  city — and  ex  officio  a Justice  of  the  Peace,  and 
is  invested  with  jurisdiction  of  violations  of  city  ordinances, 
and  with  criminal  jurisdiction  of  offences  against  the  laws 
of  the  State,  committed  within  the  city,  and  with  civil 
jurisdiction  limited  to  the  city,  in  the  same  manner  as  that 
Justices  of  the  Peace  are  limited  in  their  townships.  He 
shall  not  be  disqualified  from  acting  in  such  judicial  capac- 
ity by  any  proceedings  being  in  name,  or  in  behalf  of  the  city. 

Sec.  17.  Appeals  to  the  District  Court  in  the  same 


county,  shall  he  allowed  from  the  judgment  and  decisions 
of  the  Mayor  in  the  same  cases,  times  and  manner  as  may 
at  any  time  be  allowed  by  law,  from  those  of  other  Justices, 
and  shall  be  tried  as  in  other  cases ; he  will  be  entitled  to 
demand  and  receive  the  same  fees  as  are  at  the  time  allowed 
by  law  to  Justices  of  the  Peace^ 

Sec.  18.  The  Mayor  shall  be  the  presiding  officer  of  the 
City  Council  when  present,  and  shall  give  the  casting  vote 
when  there  is  a tie.  _ 

- ^ 

Sec.  19.  The  Marshal  shall  be  a conservator  of  the 

peace,  and  is  the  executive  officer  of  the  Mayor’s  Court, 
and  shall  execute  and  return  all  process  directed  to  him  by 
the  Mayor,  and  shall  execute  and  return  all  process  direct- 
ed to  him  by  any  Justice  of  the  Peace,  resident  of  said  city, 
in  cases  for  the  violation  of  city  ordinances,  and  of  the 
criminal  laws  of  the  State  occurring  within  the  city,  and 
may  execute  them  in  any  part  of  the  county ; and  he  shall 
have  the  same  authority  within  the  city  to  quell  riots,  and 
disturbances,  to  prevent  crimes,  and  arrest  offenders,  that 
the  Sheriff  has  within  his  county,  and  may  in  the  same 
cases,  and  under  the  same  penalties,  require  the  aid  of  the 
citizens  and  perform  all  duties  imposed  by  the  Council;  he 
may,  w^, the,  apq)r oval  of _the^  Council,  appoint  one.  or  more 
deputies,  and  discharge  them^and  he  shall  be  responsible 
foFTKeir  doings  when  acting  o^ciallyl ' For  the  service  of 
legal  process  he  shall  be  entitled  to  the  same  fees  as 
Constable,  and  for  services  required  by  the  Council,  such 
compensation  as  it  may  allow.  He  shall  also,  by  virtue  of 
his  office,  be  Constable  of  Rapids  Township,  in  said 
county,  and,  in  addition  to  his  bond  as  Marshal,  give  bond 
and  qualify  as  Constables  are,  or  may  be  required  to  do  by 
the  laws  of  the  State. 

Sec.  20.  The  Treasurer  and  Collector,  Recorder  and 
Assessor,  and  Marshal  shall  give  such  bond,  perform  such 


14 


CITY  CHARTER. 


duties  and  exercise  such  powers  as  may  be  required  of 
them  by  ordinance  not  inconsistent  with  law. 

Sec.  21.  In  all  elections  for  city  officers,  the  Mayor 
shall  issue  a proclamation  to  the  voters  of  the  city,  naming 
the  time  and  place  for  such  election,  and  the  officers  to  he 
chosen,  and  cause  a copy  to  be  posted  up  in  each  ward,  at 
least  ten  days  previous  to  the  day  of  election ; the  polls 
shall  be  open  between  the  hours  of  eight  and  ten  o’clock  in 
the  forenoon,  and  continue  open  until  four  o’clock  in  the 
afternoon.  Within  two  days  after  the  election,  the  judges 
of  the  election  shall  make  their  returns  to  the  President  of 
the  City  Council,  who  shall  examine  them  at  their  next 
meeting,  and  cause  an  abstract  of  the  vote  to  be  recorded 
in  a book  to  be  kept  for  that  purpose. 

Sec.  22.  The  Mayor,  Aldermen,  Marshal,  Treasurer, 
Collector,  Recorder  and  Assessor  shall  take  an  oath  to 
support  the  Constitution  of  the  IJnited  States  and  of  the 
State  of  Iowa,  and  faithfully  and  impartially  to  perform 
their  duties  to  the  best  of  their  knowledge  and  ability ; 
other  officers  shall  qualify  in  such  manner  as  may  be 
required  by  the  Council ; the  oath  of  office  may  be  admin- 
istered by  the  Mayor  or  Recorder  when  he  is  qualified,  and 
in  the  transaction  of  the  business  of  the  corporation  these 
officers,  and  the  President  pro  tempore,  may  administer 
oaths,  which  shall  have  the  same  effect  as  if  administered 
by  the  officers  authorized  thereto. 

Sec.  23.  Ho  member  of  the  City  Council  shall  be  eligi- 
ble to  any  office  within  the  gift  of  the  Council,  during  the 
term  for  which  he  is  elected ; nor  shall  he  be  interested, 
directly  or  indirectly,  in  the  profits  of  any  contract  or  job 
of  work,  or  service  to  be  performed  for  the  city. 

Sec.  24.  Ordinances  passed  by  the  City  Council  shall  be 
signed  by  the  Mayor  and  attested  by  the  Recorder,  and 
before  they  take  effect  be  published  in  a newspaper 


CITY  CHARTER. 


15 


printed  in  the  city,  at  least  ten  days,  or  posted  in  two 
public  places  in  each  ward,  for  the  same  length  of  time ; 
they  shall  also  be  recorded  in  a book  kept  for  that 
purpose,  and  signed  by  the  Mayor  and  attested  by  the 
Kecorder.  The  Recorder  shall  also  certify  in  said  Record 
Book  to  the  publication  or  posting  of  ordinances  recorded 
therein,  when  the  same  shall  have  been  published  or 
posted. 

Sec.  25.  The  production  of  a printed  copy  of  any  ordi- 
nance of  said  city  in  newspaper,  book  or  pamphlet  form  in 
any  suit  to  which  the  city  is  a party,  shall  be  prima  facie 
evidence  that  said  ordinance  has  been  legally  passed  and 
published. 

Sec.  26.  It  is  the  duty  of  the  Recorder  to  keep  a true 
record  of  all  the  official  proceedings  of  the  City  Council, 
and  such  record  shall  at  all  times  be  open  to  the  inspection 
of  any  citizen;  and  it  shall  be  the  duty  of  the  Assessor  to 
make  just  and  true  assessment  of  the  taxable  property  in 
said  city. 

Sec.  27.  The  Recorder  and  Assessor,  Treasurer  and 
Collector,  and  Marshal  shall  receive  such  fees  as  the  City 
Council  shall  deem  right,  not  exceeding  the  amount  allowed 
township  or  county  officers  for  similar  services. 

Sec  28.  The  Council  may  hold  its  meetings  as  it  sees 
fit ; having  fixed,  stated  times,  or  provide  the  manner  of 
calling  them  by  ordinance,  and  its  meetings  shall  be 
public. 

Sec.  29.  The  Council  may  appoint  in  such  manner  as  it 
determines,  and  during  its  pleasure.  Street  Commissioners, 
a Clerk  of  the  Market,  City  Supervisors,  Health  Officers,  and 
such  other  officers  as  it  may  deem  advisable ; and  may 
prescribe  their  duties,  powers  and  qualifications,  and  may 
provide  for  the  election,  of  any  such  officers  by  the 
people. 


16 


CITY  CHARTER. 


Sec.  30.  In  case  of  the  temporary  absence  of  the  Mayor, 
or  his  inability  to  act,  the  President  pro  tempore  shall  exer- 
cise all  the  powers  and  perform  all  the  duties  appertainin'^ 
to  his  office. 

Sec.  31.  The  office  of  any  city  officer  shall  be  vacated 
by  his  removal  from  the  city. 

Sec.  32.  When  a vacancy  occurs,  in  any  of  the  elective 
offices,  the  Council  may  fill  the  vacancy  by  appointment  of 
record  until  the  next  election,  and  the  qualification  of  the 
successor. 

Sec.  33.  The  City  Council  is  invested  with  authority  to 
make  ordinances : 

1st.  To  secure  the  inhabitants  against  fire. 

2d.  To  punish  violations  of  the  law  and  the  public 
peace. 

3d.  To  punish  and  suppress  riots,  unusual  noise, 
disturbance  and  disorderly  assemblage. 

4th.  To  punish,  restrain  and  prohibit  all  descriptions  of 
gaming  and  fraudulent  devices,  and  all  playing  of  dice, 
cards  and  other  games  of  chance,  with  or  without  betting. 

5th.  To  suppress  and  punish  drunkenness. 

6th.  To  punish  indecent  and  disorderly  conduct. 

7th.  To  punish  loud  behaviour  in  public  places. 

8th.  To  prevent  and  punish  forestalling  and  regrating, 
and  to  punish,  prevent  and  restrain  every  kind  of  fraud- 
ulent device  and  practice. 

9th.  To  punish  the  keeping  of  disorderly  houses,  and 
to  suppress  and  restrain  the  same. 

10th.  To  authorize  the  destruction  and  demolition  of 
all  instruments  and  devices  used  for  the  purpose  of 
gambling. 

11th.  To  compel  the  owner  or  occupant  of  any  store. 


CITY  CHARTER. 


17 


grocery,  tallow  chandler  shop,  soap  factory,  tannery, 
stable,  barn,  privy  or  sewer,  or  other  unwholesome  nause* 
ous  house,  building  or  place,  to  clean,  remove  or  abate  the 
same,  from  time  to  time,  as  often  as  may  be  necessary  for 
the  health,  comfort  and  convenience  of  the  inhabitants  of 
said  city. 

12th.  To  direct  the  location,  management  and  construc- 
tion of,  and  regulate,  restrain,  abate  and  prohibit  within 
the  city,  slaughtering  establishments,  establishments  for 
steaming  or  rendering  lard,  tallow,  offal,  and  such  other 
substances  as  can  or  may  be  rendered,  and  all  establish- 
ments or  places  where  any  n^sepus,  offensive  or  unwhole- 
some business  may  be  carried  on. 

13th.  To  prevent  and  punish  ^horse  racing,  immoderate 
riding  or  driving  in  the  streets,  and  to  authorize  persons 
immoderately  riding  or  driving  as  aforesaid,  to  be  stopped 
by  any  person,  and  to  punish  and  prohibit  the  abuse  of 
animals. 

14th.  To  compel  persons  to  fasten  their  horses,  oxen  or 
other  animals  attached  to  vehicles  or  otherwise,  while 
standing  or  remaining  in  the  street,  and  to  punish  any 
person  who  neglects  or  refuses  so  to  do. 

15th.  To  prevent  and  punish  the  encumbrancing  of  the^ 
streets,  sidewalks,  alleys,  public  squares  and  grounds  with 
carriages,  carts,  sleighs,  sleds,  wheelbarrows,  boxes,  y 
lumber,  timber,  firewood,  posts,  awnings,  signs,  or  any 
other  substance  or  material  whatever. 

16th.  To  restrain  and  punish  vagrants,  mendicants, 
street  beggars  and  prostitutes. 

17th.  To  prevent  and  regulate  the  running  at  large  of 
dogs — to  tax  and  authorize  the  destruction  of  the  same 
when  at  large  contrary  to  any  ordinance  of  the  city. 

18th.  To  prevent,  punish  and  regulate  the  rolling  of 
hoops,  playing  of  ball,  fiying  of  kites,  or  any  other  amuse- 


18 


CITY  CHAETER. 


inent  or  practice  having  a tendency  to  annoy  persons  pass- 
ing in  the  streets  or  on  the  sidewalks,  or  to  frighten  teams, 
horses,  or  other  animals. 

19th.  To  compel  all  persons  to  keep  the  snow,  ice  and 
dirt  from  the  sidewalks  in  front  of  the  premises  owned  or 
occupied  by  them. 

20th.  To  prevent  the  ringing  of  bells,  blowing  of  horns 
and  bugles,  crying  of  goods,  and  all  other  noises,  perform- 
ances and  devices  tending  to  the  collection  of  persons  on 
the  streets  or  sidewalks,  by  auctioneers  or  others,  for  the 
purpose  of  business,  amusement,  or  otherwise. 

21st.  To  abate  and  remove  nuisances,  and  punish  the 
authors  thereof  by  tine,  penalties  and  imprisonment,  and  to 
define  and  declare  what  shall  be  deemed  nuisances,  and 
authorize  and  direct  the  summary  abatement  thereof. 

22d.  To  make,  publish,  ordain,  amend  and  repeal  all 
such  ordinances,  by-laws  and  police  regulations,  not 
contrary  to  the  Constitution  and  Laws  of  the  State  of  Iowa, 
for  the  good  government  and  order  of  the  city  and  the  trade 
and  commerce  thereof,  as  may  be  necessary  or  expedient 
to  carry  into  effect  the  powers  and  authority  invested  in  the 
City  Council,  or  any  officer  of  said  city,  and  to  enforce  the 
observance  of  all  rules,  ordinances,  and  other  regulations, 
by  penalties  not  exceeding  one  hundred  dollars  for  any 
offense  against  the  same,  said  penalties  may  be  recovered 
in  a civil  action  in  the  name  of  the  city,  before  the  Mayor, 
or  a Justice  of  the  Peace  residing  in  said  city,  and  the  laws 
of  the  State  relating  to  carrying  into  effect  a judgment  of 
a Justice  of  the  Peace  imposing  a fine,  shall  be  applied 
to  judgments  in  the  above  cases,  but  the  charges  of 
imprisonment  must  be  borne  by  the  city. 

Sec.  34  Proceedings  for  the  violation  of  city  ordinan- 
ces may  also  be  by  information  before  the  Mayor,  or  a 
Justice  of  the  Peace  residing  in  said  city,  process  run- 


CITY  CHARTER. 


19 


ning  ill  the  name  of  the  State,  and  the  defendant  may 
be  informed  of,  arrested  and  tried  as  in  criminal  proceed- 
ings before  a Justice  of  the  Peace;  and  if  convicted  shall  be 
lined  in  an  amount,  not  exceeding  the  penalty  mentioned 
in  the  ordinance  violated,  and  also  be  adjudged  to  pay  the 
costs  of  prosecution ; and  the  laws  of  the  State  relating  to 
carrying  into  effect  a judgment  of  a Justice  of  the  Peace 
imposing  a ffne,  shall  be  applied  to  judgments  in  the  above 
cases,  but  the  charges  of  imprisonment  must  be  borne  by 
the  city.  All  fines  collected  under  this  section  shall  be 
paid  into  the  City  Treasury. 

Sec.  35.  The  Council  is  authorized  to  establish  and 
organize  Fire  Companies,  and  provide  them  with  fire 
engines,  hose  and  other  apparatus.] 

Sec.  36.  The  Council  may  regulate  the  keeping  and 
sale  of  gunpowder  within  the  city. 

Sec.  37.  The  Council  shall  have  exclusive  authority  to 
provide  for  the  license  and  prohibition  of  all  exhibitions, 
shows  and  theatrical  performances,  billiard  tables,  ball 
alleys,  or  other  bowling  saloons,  ten  pin  or  other  alleys  and 
places  where  games  of  skill  or  chance  are  played,  but  the 
above  authority  extends  to  no  exhibition  of  a purely  liter- 
ary or  scientific  character.  When  the  Idws  of  the  State 
permit  or  require  license  for  the  sale  of  intoxicating  liquors, 
that  matter  shall  be  within  the  exclusive  authority  of  said 
Council,  and  it  may  at  all  times  prohibit  the  retail  of  such 
liquors  within  the  city  limits,  unless  such  prohibition  would 
be  inconsistent  with  the  laws  of  the  State,  and  no  license 
shall  be  granted  for  less  than  one  hundred  dollars  each  for 
that  purpose. 

Sec.  38.  The  Council  may  make  all  necessary  ordi- 
nances in  relation  to  the  cleanliness  and  health  of  the  city, 
and  may  require  the  owners  of  lots  on  which  water  becomes 
stagnant,  to  drain  and  fill  up  the  same,  and  in  default 


20 


CITY  CHARTER. 


tliereof  after  ten  (lays  notice,  may  cause  the  same  to  be 
done  at  the  expense  of  the  city,  and  assess  the  costs  thereof 
on  the  specific  lots,  and  cause  them  to  be  sold  by  the  City 
Collector,  as  in  case  of  taxes,  and  the  owner  may  redeem 
from  such  sale  as  in  case  of  sale  for  taxes. 

Sec.  39.  Said  Council  may  regulate  the  system  of  cart- 
age, drayage,  hacks  and  omnibuses  within  the  city,  and 
prohibit  hogs  and  other  animals  from  running  at  large 
within  the  limits  of  said  city. 

Sec.  40.  The  Council  shall  provide  by  ordinance  for  the 
keeping  of  public  money  of  the  city^  and  the  manner  of 
distributing  the  same,  and  shall  cause  all  claims  against  the 
city  to  be  audited,  and  all  city  ofiacers  are  accountable  to 
said  City  Council  in  such  manner  as  it  directs ; said  Coun- 
cil shall  publish  annually  a particular  statement  of  receipts 
and  expenditures  of  the  city,  and  of  all  debts  owing  to  and 
by  the  same. 

Sec.  41.  Said  Council  shall  have  exclusive  authority  to 
establish  the  grades  of  streets  and  alleys  in  the  city,  and 
may  change  the  same  upon  the  petition  of  owners  of  two- 
thirds  in  value  of  the  real  property  on  both  sides  of  the 
streets  or  alleys,  the  grade  of  which  it  is  desired  to 
change ; to  control,  regulate  and  clear  the  streets  and 
I alleys,  side  and  cross-walks,  and  to  protect  the  same  from 
. any  encroachment  or  injury.  CLlo  tL 

It  /♦  X//  ^ 

Sec.  42.  Imprisonments  for  the  violation  of  any  ordi- 
nance shall  not  exceed  thirty  days,  and  the  county  jail  shall 
be  the  place  of  imprisonment,  but  at  the  expense  of  the 
city. 

Sec.  43.  The  City  Council  is  authorized  to  levy  and 
collect  taxes,  not  exceeding  one  per  cent,  during  any  one 
year,  on  all  property  within  the  city,  which  is  liable  for 
State  and  County  taxes,  including  improvements  on  such 


CITY  CHARTER. 


21 


property,  and  it  may  exempt  such  improvements,  but  when 
such  exemption  is  made,  the  rate  of  tax  on  personal  prop- 
erty shall  not  exceed  that  above  named,  and  the  rate  on 
realty,  aside  from  improvements,  shall  not  exceed  three 
per  cent,  on  the  valuation  ; said  Council  may  also  tax  and 
prohibit  dogs  from  running  at  large  in  the  city. 

Sec.  44.  The  Collector,  or  in  case  of  his  absence  or 
disability,  such  person  as  the  Council  may  appoint  in  his 
stead,  shall  be  the  collector  of  taxes,  and  before  proceed- 
ing to  collect  the  same  shall  give  thirty  days  notice  of  the 
assessment  and  levy  of  the  tax,  and  the  rate  thereof  in 
general  terms,  without  the  name  or  description  of  the  prop- 
erty, in  a newspaper  in  the  city. 

Sec.  45.  During  the  thirty  days,  any  person  aggrieved 
by  the  assessment  or  taxation,  may  appear  before  the  Coun- 
cil, which  may  correct  the  same  if  erroneous. 

Sec.  46.  The  Collector  may  distrain  upon  personal  prop- 
erty liable  to  taxation  and  sell  the  same  for  payment  of 
taxes,  as  Constables  may  sell  personal  property  on  execu- 
tion. 

Sec.  47.  That  the  City  Council  be  and  is  hereby 
authorized  and  empowered  to  provide  by  ordinance  as  they 
may  deem  necessary  for  the  assessing,  taxing,  levying, 
distraining,  advertising,  selling,  giving  certificates  and 
deeds  or  bills  of  sale,  and  for  redemption  upon  the  sale  for 
taxes  of  real  or  personal  property  subject  to  taxation  by 
law,  and  to  add  penalties,  interest  and  costs  in  like 
manner,  form  and  conditions  as  near  as  may  be  practicable, 
according  to  the  Laws  of  the  State  of  Iowa  in  regard  to 
revenue. 

Provided^  that  until  such  ordinances  are  passed  and  take 
eflect,  the  present  ordinances  now  in  force,  in  regard  to 
taxes,  shall  continue  so  to  be  until  such  other  time  as  ordi- 


22 


CITY  CHARTER. 


nances  passed  under  this  amendment  shall  become  in  force 
and  effect. 

Sec.  48.  The  City  Council  shall  have  power  to  lay  off, 
open,  or  to  extend  and  establish  streets,  alleys,  public  grounds 
and  squares,  provided  that  whenever  it  shall  be  deemed 
necessary  to  enter  upon  and  take  private  property  for  any 
such  purpose,  the  same  shall  be  done  in  pursuance  of  and 
in  accordance  with  Sections  No.  1065,  1066  and  1067  of  the 
Revision  of  1860  of  the  Laws  of  Iowa. 

Sec.  49.  The  City  Council  are  authorized  and  empow- 
ered to  improve,  keep  in  order  and  repair  streets,  alleys, 
public  squares  and  grounds. 

Sec.  50.  The  City  Council  shall  have  power  to  open  or 
to  extend  and  establish,  keep  in  order  and  repair  sewers  and 
drains  in  said  city. 

Sec.  51.  The  Council  have  the  control  of  the  streets, 
and  alleys  and  public  grounds  of  the  city  of  Cedar  Rapids, 
and  may  cause  sidewalks  to  be  paved  in  the  same,  and  to 
this  end  it  may  require  the  owners  of  lots  to  pave  and  repair 
the  same  contiguous  to  their  respective  lots,  and  in  case  of 
neglect  after  reasonable  time  named  in  the  order,  the  same 
may  be  done  by  the  city  and  the  expense  of  the  same 
assessed  on  the  said  contiguous  lots,  which  shall  have  the 
effect  of  a tax  lien  thereon,  and  the  same  maybe  soldthere- 
for  as  for  a tax,  subject  to  the  same  right  of  redemption. 
All  road  tax  which  may  hereafter  be  paid  upon  any  prop- 
erty in  Cedar  Rapids,  in  lieu  of  labor,  shall  be  paid  to  the 
proper  authority  of  said  city,  for  the  improvement  of  the 
streets  thereof ; any  person  being  a resident  of  said  city 
subject  by  the  laws  of  this  State  to  do  work  upon  roads  and 
highways,  shall  be  required  to  do  and  perform,  or  cause 
the  same  to  be  done,  under  the  direction  of  the  proper 
authorities  of  said  city  upon  the  streets  of  said  city,  or 


CITY  CHAIITKR. 


23 


public  roads,  and  liigliways,  leading  thereto,  as  said  author- 
ities may  direct. 

Sec.  52.  The  said  city  of  Cedar  Rapids  shall  constitute 
a special  road  district,  and  the  City  Council  shall  have  power, 
in  addition  to  the  taxes  otherwise  authorized,  to  levy  road 
taxes  not  exceeding  the  amount  allowed  by  law  to  be  levied 
by  the  County  Court,  for  like  purposes,  and  they  may 
provide  for  the  payment  and  collection  of  the  same  in  the 
same  manner  as  that  provided  for  in  the  collection  of  coun- 
ty road  taxes,  or  in  the  manner  other  city  taxes  are 
collected.  They  may  also  direct  in  what  manner  such 
taxes  shall  be  expended  on  the  streets  and  alleys  of  said 
city,  and  all  persons  and  property  rightfully  taxed  within 
said  city  in  accordance  with  this  section,  shall  thereby  be 
exempt  from  all  taxes  to  that  extent  for  roads  to  the 
county. 

Sec.  53.  Upon  the  petition  of  the  resident  or  occupying 
owners  of  two-thirds  of  the  improvements,  or  any  block 
of  lots,  the  Council  may  prohibit  the  further  erection  of 
wooden  buildings  thereon. 

Sec.  54.  The  said  City  Council  is  hereby  authorized  to 
borrow  money  for  an}"  object  or  purpose  in  their  discretion, 
and  to  pledge  the  faith  of  the  city  for  the  payment  thereof. 
Provided  the  question  of  borrowing  is  tirst  submitted  to  the 
legal  and  qualified  voters  of  the  city,  a notice  of  the  length 
of  time,  as  in  city  elections,  being  first  given,  stating  the 
manner  and  object  of  the  loan,  and  if  a majority  decide  in 
favor  of  said  loan,  then  the  said  Council  shall  by  ordinance 
establish  a sinking  fund  to  provide  the  means  to  pay  any 
indebtedness  created  by  virtue  of  the  authority  granted  in 
this  section. 

Sec.  55.  That  each  member  of  the  City  Council  shall 
receive  a compensation  as  such,  to  be  paid  by  an  ordinance 
and  paid  from  the  City  Treasury ; Provided^  That  said 


24 


CITY  CHARTER. 


compensation  shall  not  exceed  fifty  dollars  per  annum  for 
the  Mayor,  and  thirty  dollars  per  annum  for  Aldermen. 

Sec.  56.  That  the  City  Council  have  power  to  license 
and  regulate  auctioneers  and  hawkers  and  pedlars  within 
the  limits  of  said  city,  and  also  to  regulate  ferries  and 
collect  a reasonable  compensation  from  ferry  companies  or 
owners,  for  the  use  of  any  of  the  streets  of  said  city  as  ferry 
landings. 

Sec.  57.  On  the  passage  of  this  act,  a vote  shall  betaken 
upon  the  adoption  of  the  same  by  the  qualified  voters 
residing  within  the  limits  of  said  city  as  by  this  act  defined, 
at  such  time  and  place  and  under  such  regulations  as  the 
present  Mayor  and  Council  of  the  town  of  Cedar  Rapids 
may  prescribe  and  determine;  I^rovided,  That  a majority 
of  the  whole  vote  cast  shall  be  deemed  necessary  to  adopt 
and  carry  into  effect  this  act. 

Sec.  58.  That  if  this  Charter  is  adopted  by  the  citizens 
of  said  city,  the  present  Mayor  and  Council  of  the  town  of 
Cedar  Rapids  shall  call  a special  election  within  thirty  days 
thereafter,  to  be  held  under  such  regulations  as  they  may 
prescribe  for  the  election  of  all  the  elective  city  officers 
provided  for  by  this  act,  and  said  officers  when  elected 
shall  have  all  the  powers,  and  be  subject  to  all  the  duties 
which  this  act  affixes  to  their  respective  offices,  and  shall 
hold  their  offices  until  their  successors  are  elected  at  the 
regular  city  election  and  qualified. 

Sec.  59.  This  act  shall  take  effect  from  and  after  its 
publication  in  the  Cedar  Yalley  Times  and  Cedar  Rapids 
Democrat ; Provided,  That  said  publication  be  done  with- 
out any  expense  to  the  State. 

Sec.  60.  That  all  parts  of  the  act  to  which  this  is 


CITY  CHARTER. 


25 


iimenclatory,  coiitiictiiig  with  this  act  or  the  subject  matter 
treated  of  by  this  act,  be  and  the  same  are  hereby  repealed. 

Signed,  REUBEN  NOBLE, 

Speaker  of  the  House  of  Representatives. 

Maturin  L.  Fisher, 

President  of  the  Senate. 

Approved  July  12th,  1856. 

JAMES  W.  GRIMES. 


LAWS 


OF  THE  STATE  OF  IOWA  RELATING  TO 
MUNICIPAL  CORPORATIONS. 


CHAPTER  CV,  P.  207,  LAWS  1858. 

OORPORATION  TAXES. 

AN  ACT  concerning  taxes  levied  by  Miiniciiial  Aiitliorities. 

Sechton  1.  Deed  from  City  of  the  1 Sei^tiox  2.  When  to  take  effect, 
same  force  as  deed  from  county.  j 

Whereas,  By  the  charters  and  otlier  acts  granting  to 
municipal  corporations  the  right  to  levy  and  collect  taxes 
on  real  estate,  the  mode  of  said  collection,  the  rate  of 
interest,  and  the  effect  of  the  collector’s  deed  are  various, 
unequal,  and  in  some  cases  unjust;  and.  Whereas,  it  is 
desirable  to  remedy  such  defects  and  establish  a uniform 
principle  on  the  subject,  therefore. 

Section  1.  Be  it  evaded  by  the  General  Assembly  of  the  State 
of  Iowa:  That  from  and  after  the  publication  of  this  law, 
in  all  cases  of  the  sale  of  real  estate  made  by  virtue  of  the 
laws  and  ordinances  of  any  municipal  corporation  in  this 
State,  the  purchaser  shall  receive  a deed  which  shall  have 
the  same  effect  as  the  County  Treasurer’s  deeds  under  sales 
made  by  him,  as  provided  in  the  Code,  and  that  the  mode 
there  provided  for  the  purpose  of  making  sales  effective 
and  foreclosing  the  redemption  shall  be  pursued  by  the 
holder  of  said  corporation  deed ; and  that  no  greater  rate 


LAWS  OF  IOWA  RELATING  TO  CITIES. 


27 


of  interest  than  twenty  five  per  cent,  per  annum  shall  here- 
after be  charged  on  any  such  deed  or  sale. 

Sec.  2.  This  act  shall  take  efiect  and  he  in  force  from  the 
date  of  its  publication. 

Approved,  March  22nd,  1858. 


CHAPTER  CXI,  P.  153,  LAWS  1868. 


CITIES  AND  TOWNS  ALLOWED  TO  SELL  PROPERTY  FOR  DELINQUENT  TAXES. 


AN  ACT  to  promote  the  collection  of  revenue  of  incorporated  cities  and 
towns  acting  under  special  charters. 


Section  1.  Cities  and  towns 
under  special  charters  given  full 
power  to  sell  property  for  taxes. 


Section  2.  Council  may  provide 
for  sale  under  the  provisions  of 
Chap.  51  of  the  Revision  of  1860. 


Section  1.  Be  it  enacted  hy  the  General  Assembly  of  the  State 
of  Iowa  : That  to  all  cities  and  towns  heretofore  incorpor- 

ated under  special  acts  and  charters,  and  which  do  not  now 
possess  the  right  to  sell  personal  or  real  property  for  the 
collection  of  delinquent  taxes,  including  special  rates  and 
assessments,  full  power  and  authority  is  hereby  granted  to 
sell  real  and  personal  property  for  delinquent  taxes, 
including  special  rates  and  assessments  levied  upon  property 
for  the  improvement  of  streets,  alleys,  sidewalks,  the  con- 
struction of  sewers,  and  other  improvements  of  like  nature ; 
but  no  deeds  heretofore  given  by  city  authorities,  where 
there  was  no  legal  power  to  sell,  shall  be  considered  as 
valid  by  anything  herein  contained. 

Sec.  2.  That  the  City  Council  or  trustees  of  any  incor- 
porated city  or  town,  coming  under  the  provisions  of  this 
act,  shall  have  the  right  to  provide  by  ordinance  for  the 


28 


LAWS  OF  IOWA 


method  of  conducting  sales  of  property  sold  for  delinquent 
taxes  or  assessments,  and  also  to  provide  all  other  needful 
rules  and  regulations  for  the  proper  enforcement  of  the 
rights  herein  granted.  Deeds  given  for  property  sold  under 
the  provisions  of  this  act  shall  have  the  same  force  and 
validity  as  those  executed  by  County  Treasurers  in  similar 
cases. 

The  City  Council  or  trustees  of  any  incorporated  city  or 
town,  acting  under  special  charters,  may,  if  they  deem 
best,  cause  to  be  certified  up  to  the  Clerk  of  the  Board  of 
Supervisors  all  taxes,  rates  and  special  assessments  the 
same  as  though  said  city  or  town  had  been  incorporated 
under  the  general  incorporation  laws,  known  as  Chapter  51 
of  the  Revision  of  1860,  and  the  amendments  thereto  ; and 
when  so  certified,  said  taxes,  rates  and  special  assessments 
shall  be  collected  and  accounted  for  in  all  respects  the  same 
as  is  provided  by  Section  3,  Chapter  25,  of  the  acts  of  the 
Tenth  General  Assembly. 

Approved,  April  7th,  1868. 


CHAPTER  LXY,  P.  65,  LAWS  1870. 

STREETS  AND  ALLEYS. 


AN  ACT  to  aiitliorize  the  improvement  of  Streets  and  Alleys. 


Section  1.  Powers  of  city  and 
town  authorities  with  reference  to 
sidewalks,  streets,  alleys,  gutters 
and  servers. 


Section  2.  Taking  effect. 


Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Iowa:  That  the  City  Council,  or  Trustees  of  any  incor- 
porated city  or  town,  whether  organized  under  special 


RELATING  TO  CITIES. 


29 


charter  or  under  the  provisions  of  Chapter  51  of  the 
Revision  of  1860,  and  the  acts  amendatory  thereto  are 
hereby  empowered  to  provide,  by  ordinance,  for  grading, 
constructing  and  repairing  the  sidewalk  in  front  of  or  upon 
the  side  of  any  lot,  or  any  part  thereof,  for  the  grading, 
paving  or  macadamizing  of  any  street,  avenue  or  alley,  or 
any  part  of  either  of  the  same,  and  for  the  construction  and 
repair  of  gutters  and  sewers,  and  that  said  City  Council,  or 
Trustees,  have  full  power  and  authority  to  provide,  by 
ordinance,  for  the  levy  of  a special  tax  upon  the  lots,  parcels 
of  ground,  or  any  part  of  either  of  the  same,  fronting  upon 
or  lying  along,  the  street,  avenue  or  alley  which  is  to  be 
improved,  or  is  improved  under  the  powers  herein  confered, 
for  the  purpose  of  paying  the  expenses  of  the  improve- 
ment. 

Sec.  2.  This  act,  being  deemed  of  immediate  importance, 
shall  take  effect  from  and  after  its  publication  in  the  Iowa 
State  Register  and  the  Des  Moines  Statesman,  papers  pub- 
lished in  Des  Moines,  Iowa. 

Approved,  April  6th,  1870. 


30 


LAWS  OF  IOWA 


CHAPTER  LXrX,  P.  67,  LAWS  1870. 


WORKING  PRISONERS  IN  COUNTY  JAILS. 

AX  ACT  to  authorize  the  working  of  per.soiis  (‘onfined  in  the  jails  of 
the  State  and  to  protect  prisoners. 


Sec.  1.  Prisoners  in  jail  between 
the  age  of  16  and  50,  under  sen- 
tence, may  be  required  to  labor. 

2.  Where  to  labor, 

3.  Sheriff  to  superintend  work. 

4.  Marshal  to  superintend  when. 


Sec.  5.  Officers  to  prevent  escape. 

6.  Prisoners  to  be  credited  for 
labor  on  fines. 

7.  Cruel  treatment  punished, 

8.  Duty  of  officer  in  charge. 


Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Iowa:  That  any  able  bodied  male  person,  over  the  age 

of  sixteen  years  and  not  over  the  age  of  fifty  years,  now, 
or  hereafter  confined  in  any  jail  in  this  State,  under  the 
judgment  of  any  court  of  record,  or  of  any  other  tribunal 
authorized  to  imprison  for  the  violation  of  any  law,  ordi- 
nance, by-law  or  police  regulation,  may  be  required  to  labor 
during  the  whole  or  part  of  the  time  of  his  sentence,  as 
hereinafter  provided,  and  such  court  or  other  tribunal, 
when  passing  final  judgment  of  imprisonment,  whether  for 
non-payment  of  fine  or  otherwise,  shall  have  the  power  to 
determine,  and  shall  determine  whether  such  imprisonment 
shall  be  at  hard  labor  or  not,  as  contemplated  in  this  bill. 

Sec.  2.  Such  labor  may  be  on  the  roads,  streets  or  public 
highways,  on  or  about  public  buildings  or  grounds,  or  at 
such  other  places  in  the  county,  where  confined,  and  during 
such  reasonable  time  of  the  day  as  the  person  having  charge 
of  the  prisoners  may  direct,  and  not  exceeding  eight  hours 
per  day. 

Sec.  3.  In  case  the  sentence  be  for  the  violation  of  an}^ 
of  the  statutes  of  the  State,  the  Sheriff  of  the  county  where 
the  imprisonment  is,  shall  superintend  the  performance  of 
the  labor  authorized  by  this  act,  and  shall  furnish  the  tools 
and  material,  'jf  necessary,  to  work  with,  at  the  expense 


RELATING  TO  CITIES. 


n 


of  the  county  in  vvliich  the  convict  is  confinecl,  and  such 
county  shall  be  entitled  to  his  earnings. 

Sec.  4.  When  the  imprisonment  is  pursuant  to  the  judg- 
ment of  any  Police  court,  Police  Magistrate,  Mayor  or 
other  tribunal  of  any  incorporated  city  or  town,  of  the 
violation  of  any  ordinance,  by-law,  or  other  regulation,  the 
Marshal  shall  superintend  the  performance  of  the  labor 
authorized  by  the  provisions  of  this  act,  and  shall  furnish 
the  tools  and  materials,  if  necessary,  at  the  expense  of  the 
city  or  town  requiring  the  labor,  and  such  city  or  town 
shall  be  entitled  to  the  earnings  of  its  convicts. 

Sec.  5.  The  officers  having  charge  of  any  convicts,  for 
the  purpose  specified  in  this  act,  may  use  such  means  as, 
and  no  more  than,  are  necessary  to  prevent  escape,  and  if 
any  convict  attempt  to  escape  either  while  going  from  or 
returning  to  the  jail,  or  while  at  labor,  or  at  any  time,  or  if 
he  refuse  to  labor,  the  officer  having  him  in  charge,  after 
due  inquiry,  may,  to  secure  such  person,  or  to  cause  him  to 
labor,  use  the  means  autliorized  by  Section  5134  of  the 
Rivision  of  1860 ; Provided  such  punishment  shall  be 
inflicted  within  the  jail  or  jail  enclosure;  Provided  farther, 
that  the  time  spent  within  the  jail  enclosure  for  refusal  to 
work  shall  not  be  considered  as  any  part  of  the  time  for 
which  the  prisoner  is  sentenced. 

Sec.  6.  For  every  day’s  labor  performed  by  any  convict, 
under  the  provisions  of  this  act,  there  shall  be  credited  on 
any  judgment  for  fine  and  costs  against  him,  the  sum  of 
one  dollar  and  fifty  cents,  and  no  person  shall  be  entitled 
to  the  benefits  of  Section  5005  of  the  Revision  of  1860,  if, 
in  the  opinion  of  the  Sheriff,  the  judgment  may  be  satis- 
fied by  the  labor  of  the  person  as  herein  authorized. 

Seo.  7.  That  if  any  officer,  or  other  person,  treat  aiw 
prisoner  in  a cruel  or  inhuman  manner,  he  shall  be  punished 
by  fine  not  exceeding  one  thousand  dollars,  or  by  imprison- 


32 


LAWS  OF  IOWA 


ment  in  the  county  jail  not  exceeding  twelve  months,  or  by 
both  such  line  and  imprisonment. 

Sec.  8.  It  shall  be  the  duty  of  such  officers  having  such 
prisoner  in  charge  to  preserve  the  same  from  insult  and 
annoyance,  and  communication  with  others  while  at  labor, 
and  going  to  and  returning  from  the  same,  and  may  use 
such  means  as  are  necessary  and  proper  therefor ; and  any 
person  persisting  in  insulting  and  annoying,  or  communi- 
cating with  any  prisoner,  after  being  commanded  by  such 
officer  to  desist,  shall  be  punished  by  a fine  not  exceeding 
ten  dollars,  or  by  imprisonment  not  exceeding  three  days. 

Approved,  April  7th,  1870. 


CHAPTER  I,  P.  1,  LAWS  OF  1872. 

APPROPRIATION  TO  BUILD  BRIDGES. 

AN  ACT  authorizing  the  appropriation  of  money  to  build  Bridges. 


Sec.  1.  Supervisors  of  counties 
whose  population  exceeds  15,000, 
may  make  appropriations,  not  to 
exceed  $25,000. 


Sec.  2.  Councils  of  cities  not  to 
aj)propriate  to  exceed  ten  dollars 
per  lineal  foot. 

3.  Repeals. 

4.  To  take  effect. 


Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Iowa  : That  the  Board  of  Supervisors  of  any  county  in 

this  State  having  a population  of  more  than  fifteen  thous- 
and, may  appropriate  for  the  construction  of  any  one 
bridge,  which  is,  or  may  hereafter  become,  a county  charge, 
within  the  limits  of  said  county,  such  sum  as  may  be 
necessary,  not  exceeding  the  sum  of  forty  dollars  per  lineal 
foot. 


RELATING  TO  CITIES. 


33 


Provided^  That  in  no  case  shall  they  appropriate  for  said 
purpose  to  exceed  twenty-live  thousand  dollars. 

Sec.  2.  The  Common  Council  of  any  incorporated  city 
within  this  State  may  appropriate  a sum  not  exceeding  ten 
dollars  per  lineal  foot  to  aid  in  the  construction  of  any 
county  bridge  within  the  limits  of  said  city. 

Sec.  3.  All  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 

Sec.  4.  This  act  being  deemed  of  immediate  importance, 
shall  take  effect  from  and  after  its  publication  in  the  Iowa 
State  Register  and  Daily  State  Leader^  newspapers  published 
at  Des  Moines,  Iowa. 

Approved,  January  31st,  1872. 


CHAPTER  XVH,  P.  18,  LAWS  OF  1872. 

FREE  PUBLIC  LIBRARIES. 


AN  ACT,  to  provide  for  the  establishment  and  maintenance  of  free 
public  libraries  in  cities  and  incorporated  towns. 


Section  1.  Council  may  appro- 
priate money  to  buy  books,  build- 
ing, &c. 

2.  Council  may  enact  rules,  by- 
laws and  ordinances  for  the  gov- 
ernment of  library  and  officers. 

3.  Library  to  be  free  to  the  in- 
habitants. 


Section  4.  In  relation  to  gifts, 
donations,  etc. 

o.  Library  entitled  to  Public 
Documents. 

6.  Submit  to  vote  of  the  Peo- 
ple. 

7.  Repeals. 

8.  To  take  effect. 


Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Iowa : The  Council  of  any  city  or  incorporated 


LAWS  OF  IOWA 


U 


town  ill  this  State  may  raise  and  appropriate  money  not 
exceeding  in  amount  one  mill  upon  the  dollar  of  the  assessed 
valuation  of  the  taxable  property  of  such  city  or  incorpor- 
ated town,  in  any  one  year,  to  procure  books,  maps,  charts, 
periodicals  and  other  publications  for  the  establishment  and 
perpetual  maintenance  of  a free  public  library  within  the 
limits  of  such  city  or  incorporated  town.  And  the  Council 
of  such  city  or  incorporated  town,  out  of  the  fund  so  raised, 
may  appropriate  money  for  the  purchase  of  such  land  and 
the  erection  of  such  buildings  as  may  be  necessary  for  the 
suitable  accommodation  thereof,  or  for  the  hiring  or  leasing 
of  rooms  for  such  purpose,  and  for  the  compensation  of 
such  officers  or  agents  as  may  be  necessarily  employed  in 
the  establishment  and  management  of  such  library. 

Sec.  2 The  Council  of  any  such  city  or  incorporated 
town  accepting  the  provisions  of  this  act,  may  enact  rules, 
by-laws  and  ordinances  for  the  establishment  and  mainten- 
ance of  such  library,  provide  for  the  election  or  appoint- 
ment of  officers  and  agents,  and  may  assess  and  levy  a 
yearly  tax  for  the  support  and  maintenance  thereof,  not  ex- 
ceeding the  amount  named  in  the  hrst  section  of  this  act. 

Sec.  3.  Every  public  library  established  and  maintained 
under  the  provision  of  this  act,  shall  be  open  to  the  free 
use  of  every  inhabitant  of  the  municipal  corporation  by 
which  it  is  established,  for  the  general  diffusion  of  intelli- 
gence among  all  classes  of  the  community,  subject  to  such 
rules  and  regulations  for  the  well  ordering  and  careful 
preservation  thereof,  as  may  be  established  and  ordained  by 
the  Council  of  such  city  or  incorporated  town. 

Sec.  4.  Any  such  city  or  incorporated  town,  may 
receive,  hold,  and  possess,  or  sell  and  dispose  of  any  and  all 
gifts,  donations,  devices,  bequests  and  legacies  as  may  be 
made  to  such  city  or  incorporated  town,  for  tlie  purpose  ot 
establishing,  increasing  or  improving  any  such  public 


UKI.ATINU  TO  CITIES. 


35 


library;  and  tlie  city  or  town  council  thereof  may  apply 
tlie  use,  profits,  proceeds,  interest  , and  rents  accruing  there- 
from in  sucli  manner  as  will  best  promote  the  prosperity 
and  utility  of  such  library. 

Sec.  5.  Every  city  or  incorporated  town  in  which  such  a 
|)ublic  library  shall  be  established  and  maintained  under 
the  provisions  of  this  act,  shall  be  entitled  to  receive  a copy 
of  the  laws,  journals  and  all  other  works  published  by 
authority  of  tlie  State  after  the  establishment  of  such 
library,  for  the  use  of  such  library,  and  the  Secretary  of 
State  is  hereby  authorized  and  required  to  furnish  the  same 
from  year  to  year  to  such  city  or  incorporated  town. 

Sec.  6.  Any  city  or  incorporated  town  of  this  State 
proposing  to  accept  the  benefits  of  this  act,  shall,  before 
exercising  the  powers  herein  conferred,  submit  to  a vote  of 
the  people  at  any  municipal  election  of  such  city  or 
incorporated  town,  the  question,  “shall  the  city  (or  town 
council,  as  the  case  may  be)  accept  the  benefits  of  an  act  of 
the  legislature  for  the  creation  and  maintenance  of  a free 
public  library  ? Yes, — Yo.” 

Sec.  7.  So  much  of  Chapter  45,  of  the  acts  of  the  Thir- 
teenth General  Assemblj^  as  conflicts  with  this  act  is  here- 
by repealed. 

Sec.  8.  This  act  being  deemed  of  immediate  impor- 
tance, shall  take  effect  from  and  after  its  publication  in  the 
Daily  State  Register  and  State  Leader,  newspapers  published 
in  Des  Moines. 

Approved,  March  20th,  1872. 


LAWS  OP  IOWA 


8») 


CHAPTER  XXVIII,  P.  38,  LAWS  OF  1872. 

BRIDGE  TAXES. 

AN  ACT,  relating  to  taxes  levied  for  bridge  purposes. 

Section  1.  Cities  entitled  to  Section  2.  County  Treasurer 
Bridge  Tax,  and  conditions.  shall  pay  to  proper  city  officers, 

3.  Take  effect. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Iowa : That  the  incorporated  cities  and  towns  of  this 
State  within  the  limits  of  which  bridges  are  constructed, 
over  running  streams,  and  maintained  at  the  expense  of 
such  cities  and  towns,  shall  be  entitled  to  all  bridge  taxes 
levied  by  county  authority,  and  collected  on  property  with- 
in the  limits  of  such  cities  or  towns : Provided^  that  this  act 
shall  only  apply  where  bridges  exceeding  seventy-five  feet 
in  extreme  length  have  been,  or  shall  be,  constructed  and 
maintained  by  such  municipal  authority. 

Sec.  2.  The  county  treasurer  shall  pay  to  the  proper 
municipal  ofiicer  all  moneys  in  his  hands  which  come  within 
the  provisions  of  the  foregoing  section,  at  the  same  time 
and  in  the  same  manner  as  other  funds  collected  for  city 
and  town  purposes : Provided^  that  wherever  the  taxes  so 
levied  and  tolls  collected  and  paid  over  to  the  proper 
municipal  officer  shall  have  amounted  to  the  cost  of  con- 
structing and  maintaining  such  bridges,  the  bridge  tax 
herein  provided  for  shall  thereafter  remain  in  the  county 
treasury,  for  general  bridge  purposes,  subject  only  to  the 
cost  of  maintaining  such  municipal  bridges  in  good  condi- 
tion and  repair. 

Sec.  3.  This  act  being  deemed  of  immediate  importance, 
shall  take  eftect  and  be  in  force  from  and  after  its  publi- 
cation in  the  Daily  State  Register  and  Iowa  Review,  news- 
papers published  at  Des  Moines,  Iowa. 

Approved,  April  6th,  1872. 


RELATING  TO  CITIES. 


37 


CTTAPTER  XXXI,  P.  36,  LAWS  OF  1872. 


rOIA.  TAXES. 

.\N  A(^T  authorizing  muiiici])al  (*<>r})orati<)iis  to  levy  poll  taxes. 


Section  1.  Aiiiouiit  of  labor  to 
l)e  performed. 

2.  Penalties,  and  how  collected. 


Sec  tion  o.  Take  etfect. 


Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Iowa : That  municipal  corporations,  whether  or- 

i^anized  under  special  (charters  or  under  the  provisions  of 
Chapter  51,  Revision  of  1860,  and  where,  by  the  terms  of 
th#  charter,  the  same  are  invested  with  the  care  and  con- 
trol of  streets  and  highways  within  their  respective  limits, 
are  hereby  empowered  to  provide  by  ordinance  that  all 
able-bodied  male  residents  of  the  incorporation,  between 
the  ages  of  twenty-one  and  fifty  years,  shall,'  between  the 
first  day  of  April  and  the  first  day  of  September  in  each 
year,  either  by  themselves  or  satisfactory  substitutes,  per- 
form two  days  labor  upon  the  streets,  alleys,  or  highways, 
within  such  incorporation,  at  such  times  and  places  as  the 
proper  officer  may  direct,  and  upon  three  days  notice  in 
writing  given. 

Sec.  2.  That  said  municipal  incorporation  may  further 
provide  by  ordinance,  that  for  each  day’s  failure  to  attend 
and  perform  the  labor  as  required,  at  the  time  and  place 
specified,  the  delinquent  shall  forfeit  and  pay  to  the  incor- 
poration any  sum  not  exceeding  two  dollars  for  each  day’s 
delinquency,  and  that  all  such  sums  remaining  unpaid  on 
the  first  day  of  September,  in  each  year,  may  be  treated 
and  collected  as  taxes  ou  property,  and  the  same  shall  be  a 
lien  on  all  the  property  of  the  delinquent  that  may 
be  listed  for  taxation  and  assessed  and  owned  by  him  on  the 
first  day  of  Xovember  of  the  same  year. 

Sec.  3.  This  act,  being  deemed  of  immediate  importance. 


88 


LAWS  OF  IOWA 


shall  take  effect  and  be  in  force  from  and  after  its  publi- 
cation in  the  Des  Moines  Daily  Register  and  the  Ottumwa 
Daily  Courier. 

Approved,  April  6th,  1872. 


CHAPTER  XL,  P.  46,  LAWS  OF  1872. 

DAMAGES. 

AN  ACT,  requiring  cities  to  pay  damages  in  certain  cases. 


Section  1.  Cities  shall  pay 
damages  for  injury  to  property  by 
(•.hanging  grade  of  streets  or 
alleys. 

2.  How  damages  shall  be  as- 
sessed. 

3.  Apprai^^^I^sh  lie  sworn ; 
shall  gu^^ft/^m’ee  weeks  notice  by 
}n\blieirm)n  in  newspaper  of  meet- 

ri'  - ' 


ings.  Ajipraisers  duties.  C^iiicil 
may  contirm  or  annul.  ^ 

4.  Appeal  may  be  taken.  Bur- 
den of  proof  on  city. 

5.  (Jost  to  be  paid  bv  citj’’  or 
town. 


»^^''^Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Iowa  : That  whenever  any  city  or  town  in  this  State, 

authorized  by  law  to  establish  and  regulate  the  grades  of 
the  streets  and  allej^s  of  such  city  or  town,  shall  have  estab- 
lished the  grade  of  any  street  or  alley,  and  any  person 
shall  have  built  or  made  any  improvements  on  such  street 
or  alley  according  to  the  established  grade  thereof,  and  the 
city  authorities  shall  alter  said  established  grade  in  such  a 
manner  as  to  injure  or  diminish  the  value  of  said  property, 
said  city  shall  pay  to  the  owner  or  owners  of  said  property 
so  injured,  the  amount  of  such  damage  or  injury. 

Sec.  2.  Said  damage  or  injury  shall  be  assessed  by  three 
persons, — one  of  whom  shall  be  appointed  by  the  mayor 
of  such  city  or  town,  one  by  the  owner  of  the  property, 
and  one  by  these  two  so  appointed ; or,  in  case  of  their  dis- 
agreement, by  the  mayor  and  owner;  or,  in  case  of  their 
disagreement,  by  the  city  council  or  town  trustees. 


UELATING  TO  ClTHilS. 


39 


Provided^  tliat  if  the  owner  of  such  property  sliall  fail  to 
appoint  one  such  appraiser  in  ten  days  from  tlie  time  of 
receiving  notice  so  to  do,  tlien  the  city  council ''or  town 
trustees  shall  appoint  all  such  appraisers,  and  no  such  alter- 
ation of  grade  shall  be  made  until  said  damages  so  assess- 
ed shall  have  been  paid  or  tendered  to  the  owner  or 
owners  of  the  property  so  injured  or  damaged. 

Sec.  3.  The  appraisers  shall  be  sworn  faithfully  to  execute 
their  duties  according  to  the  best  of  their  ability.  Before 
entering  upon  their  duties,  they  shall  give  notice  by  publi- 
cation for  three  weeks  in  one  or  more  newspaper^  printed  in 
such  city,  to  the  persons  interested,  of  the  time  and  place 
of  their  meetirii^;  for  the  purpose  of  viewing  the  premises 
and  making  their  assessment,  at  least  ten  days  before  the 
time  of  such  meeting.  They  shall  view  the  premises,  and, 
in  their  discretion,  receive  any  legal  evidence,  and  may 
adjourn  from  day  to  day.  When  the  appraisement  shall  be 
completed  the  appraisers  shall  sign  and  return  the  same 
to  the  city  council,  or  town  trustees,  within  thirty  days  of 
their  appointment.  The  city  council  or  town  trustees  shall 
have  power,  in  their  discretion,  to  confirm  or  annul  the 
appraisement,  and  if  annulled,  all  the  proceedings  shall  be 
void,  but  if  confirmed,  an  order  of  confirmation  shall  be 
entered. 

Sec.  4.  Any  person  interested  may  appeal  from  the 
order  of  confirmation  to  the  district  court  of  the  district 
in  which  such  city  or  town  is  situated,  by  notice  in 
writing  to  the  mayor  at  any  time  before  the  expiration  of 
twenty  days  after  the  entering  of  the  order  of  confirmation. 
Upon  trial  of  the  appeal,  all  questions  involved  in  the  pro- 
ceedings, including  the  amount  of  damages,  shall  be  open 
to  investigation,  and  the  burden  of  proof  shall  in  all  cases 
be  upon  the  city  or  town  to  show  that  the  proceedings  are 
in  conformity  with  this  act. 

Sec.  5.  The  cost  of  any  proceeding  under  this  act  in- 


40 


LAWS  OF  row  A 


ciirred  prior  to  the  order  of  such  city  council  or  trustees 
confirming  or  annulling  the  appraisment,  shall,  in  all  cases, 
be  paid  by  such  city  or  town. 

x^pproved,  April  11th,  1872. 


CHAPTER  XII,  P.  14,  LAWS  OP"  1870. 

POLICE  JUDGES  IN  CITIES  UNDEPv  SPECIAL  CIIARTEllS 

xVN  ACT,  to  provide  for  the  election  of  u i)olice  judge  and  the  estab- 
lishment of  a police  court  in  cities  acting  under  sjjecial  charters. 

Secti(jii  1 . Police  judge  be  elec-  j Section  4.  City  council  may 
ted.  appoint  for  1870. 

2.  His  powers  detined.  \ 5.  Moneys  to  be  accounted  for 

M.  The  election  of  siudi  judge  I same  as  by  justice  of  the  peace, 
discretionary.  j 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  Iowa:  That  the  legal  voters  of  any  city  in  the  State  of 
Iowa,  now  acting  under  the  provisions  of  special  charters, 
heretofore  granted,  may  at  their  next  annual  election,  and 
every  two  years  thereafter,  at  the  time  of  electing  the  mu- 
nicipal officers  of  such  corporation,  elect  a suitable  person 
to  be  known  as  police  judge,  who  shall  qualify  and  give 
bond  in  like  manner  as  justices  of  the  peace  are  required 
to  do. 

Sec.  2.  That  whenever  any  such  city  shall  have  elected 
a police  judge,  as  aforesaid,  all  the  powers,  jurisdiction, 
duties,  fees  and  emoluments  of  said  judge  and  his  court, 
shall  he  the  same  as  are  now  provided  by  sections  1117, 
1118,  1119  and  1120,  of  chapter  fifty-one  of  the  Revision 
of  1860,  providing  for  such  an  officer  in  cities  acting  under 


RKLATIN(i  TO  CITIES. 


41 


the  general  iiicor})oration  law  for  incorporated  cities  and 
towns,  the  same  as  tliough  said  sections  were  herein  spe- 
citicall}^  set  fortli. 

Sec.  3.  Nothing  herein  contained  shall  he  construed  to 
compel  any  such  city  to  elect  a police  judge,  wliere  they 
may  choose  to  dispense  with  the  same. 

Sec.  4.  If  this  act  shall  not  take  effect  in  time  for  the 
election  of  a police  judge,  at  the  annual  election  of  any 
sucli  city  for  1870,  then  tlie  city  council  or  board  of  trustees 
of  any  such  city  may  appoint  some  suitable  person  to  such 
position,  who  shall  hold  the  same  till  the  next  annual 
election  and  his  successor  is  elected  and  qualified. 

Sec.  5.  All  moneys  coming  into  the  hands  of  such 
police  judge  in  his  official  capacity,  shall  be  accounted  for 
in  the  same  manner  as  justices  of  the  peace  are  required  to 
account  for  moneys  coming  into  their  hands  officially. 

Sec.  6.  This  act  being  deemed  by  the  general  assembly 
of  immediate  importance  shall  take  effect  and  be  in  force 
from  and  after  its  publication  in  the  Des  Moines  Register 
and  Des  Moines  Bulletin^  newspapers  published  at  Des 
Moines,  Iowa. 

Approved,  February  9th,  1870. 


Sections  of  the  Revision  of  1860  referred  to  in  the  foregoing  act  of  the 
General  assembly. 

Sec.  1117.  The  police  judge  shall  have  in  all  criminal 
cases  the  powers  and  jurisdiction  that  are  or  may  by  law 
be  vested  in  justices  of  the  peace  of  the  county,  in  all 
respects  whatsoever ; he  shall  also  bave  the  powers  to  take 
acknowledgements  of  deeds  and  other  writings ; he  shall 
have  jurisdiction  of  all  ordinances  of  the  city,  and  of  all 


42 


LAWS  OF  IOWA 


cases  of  petit  larceny  and  other  inferior  ottenses  which  do 
not  re([uire  an  indictment  or  presentment  by  the  grand 
jury,  with  power  to  hear  and  determine  the  same,  where  a 
Jury  is  not  demanded  in  cases  where  it  may  be  properly 
claimed.  The  police  judge  of  any  such  city  shall  have 
power  to  hold  court,  to  be  styled  the  “police  court.” 
Every  such  police  court  shall  be  deemed  a court  of  record, 
shall  have  a seal  to  be  provided  by  the  city  council,  with 
the  name  of  the  State  in  the  centre  and  the  style  of 
the  court  around  the  margin,  and  shall  have  like  jurisdic- 
tion as  a court,  as  is  or  may  be  invested  in  the  judge  hold- 
ing the  same  ; and  shall  also  have  jurisdiction  and  power 
to  hear  and  determine  all  cases  of  violation  of  the  ordi- 
nances of  the  city  which  shall  l)e  prosecuted  in  the  name 
or  in  behalf  of  the  city ; and  all  cases  of  j^etit  larceny,  or 
other  inferior  offenses  of  any  description  committed  within 
the  limits  of  the  city,  or  within  one  mile  thereof,  and  which 
the  constitution  or  some  law  of  the  State  does  not  require 
to  be  prosecuted  by  indictment  or  presentment  of  a grand 
jury;  and  prosecutions  for  such  offenses  shall  be  brought 
and  conducted  in  the  name  of  the  State,  and  for  the  proper 
exercise  of  such  jurisdiction,  such  police  court  shall  liavein 
respect  of  the  issuing  of  process,  the  preserving  order 
and  punishing  contempts,  the  administering  oaths,  the 
summoning  and  empanneling  juries,  or  otherwise,  all  the 
powers  incident  to  the  district  courts,  in  the  hearing  and 
determining  like  cases. 

Sec.  1118.  The  police  judge  holding  the  police  court 
shall  be  entitled  to  receive  in  all  criminal  cases  prosecuted 
in  behalf  of  the  State,  the  same  fees  to  be  collected  in  the 
same  manner  as  is  or  may  be  provided  by  law,  as  the  jus- 
tice of  the  peace  in  like  cases,  and  in  cases  prosecuted  in 
behalf  of  the  city,  such  fees  not  exceeding  fees  for  the  ser- 
vices of  the  lik(^  nature  in  state  prosecutions,  as  the  coun- 
cil may  by  ordinance  prescribe,  and  shall  also  receive  such 


KKLATINCJ  TO  CITIES. 


43 


future  salary  or  compensation,  as  tlie  City  Council,  in  like 
manner,  may  prescribe. 

Sec.  1119.  The  police  court  shall  always  be  open  for  the 
dispatch  of  business,  but  may  adjourn  from  day  to  day,  or 
from  time  to  time,  and  the  mode  in  which  cases  shall  be 
brought  before  the  court  shall  be  regulated  by  the  ordinance 
of  the  City  Councilor  rule  of  the  court;  the  jurors  in  said 
court  shall  have  the  qualitications  of  jurors  in  the  district 
court,  the  Police  Judge  shall  adopt  such  rules  of  practice  and 
proceedings  as  will  give  to  all  the  parties  a proper  statement 
of  any  charge  against  them, full  opportunity  of  being  heard, 
but  at  the  dispatch  of  the  business  of  the  court  with  con- 
venient speed. 

Sec.  1120.  Any  final  conviction  or  sentence  of  the 
police  court  may  be  examined  into  by  the  district  court  on 
certiorari^  which  may  be  allowed  by  such  court  or  judge 
thereof  for  sufficient  cause,  and  proceedings  may  be  stayed 
on  such  terms  as  may  be  deemed  reasonable ; such  Police 
Judge  or  court  shall,  on  such  certiorari^  return  all  matters 
of  record  on  file  touching  the  proceedings,  or  a transcript 
thereof,  and  any  facts  which  may  have  been  noted  by  the 
judge  or  certified  in  the  nature  of  a bill  of  exceptions  at  the 
time  of  trial,  which  it  shall  be  the  duty  of  the  judge  on  the 
request  of  the  party  to  do,  and  on  such  return  the  district 
court  shall  make  such  order  as  right  and  justice  may 
require,  and  may  either  discharge  the  party  or  set  aside  the 
conviction  and  order  another  trial,  or  dismiss  the  certiorari 
and  order  a procedendo^  but  no  conviction  or  sentence  of 
any  such  judge  shall  be  set  aside  or  disregarded  for  want  of 
any  technical  averment  that  any  matter  or  thing  is  within 
their  jurisdiction,  and  in  like  manner  as  is  above  provided, 
may  a conviction  for  the  violation  of  any  ordinance  before 
the  Mayor  of  any  corporation,  be  examined  and  revised. 


44 


LAWS  OF  rOWA 


F:XTRACTS  from  chapter  X,  title  IV,  CODE 
OF  1873. 


ANNEXING  CONTIGUOT^S  TEKKITOKY. 

Sec.  -131 . Provisions  for  annex- 
ing to  cities  (;ontigiions  platted  ter- 
ritory. Petition  to  circuit  court, 
and  notice  published.  Dei;ree  to 
be  entered  ac(3ordiiig  to  justice  and 
{'quity. 

ABANOONING  SPECIAL  ClIAllTER. 

434.  Cities  having  special  char- 
ters may  abandon  them,  and  or- 
ganize under  the  general  law. 

435.  Petition  of  legal  voters  pre- 
sented to  council,  and  special 
eleidion  called. 

436.  Mayor  to  issue  j)roclamation 
for  such  election,  and  same  to  be 
])ublished. 

437.  Election,  and  canvass  ^of 
votes  by  the  council. 

438.  If  result  of  such  election  is 
in  favor  of  abandonment,  special 
election  to  be  called  for  election 
of  officers. 

439.  Vested  rights  not  to  be 
effected. 


POWERS  OF  CITIES. 

Se(’.  4()5.  Grading  streets,  con- 
struction of  sewers,  to  require  vote 
of  two-thirds  of  city  council. 

466  and  467.  Construct  sidewalks, 
pave  and  macadamize  streets,  levy 
special  tax,  assent  of  pro{)erty  own- 
ers required,  or  three-fourths  of 
city  council. 

468.  Temporary  sidewalks;  ex- 
pense limited. 

469.  Damages  to  be  assessed  and 
proceedings  had,  when  grade  of 
street  is  changed  after  buildings 
are  erected. 

470.  Land  purchased  for  public 
pur])oses. 

471  to  477,  inclusive.  Proceedings 
relative  to  water  works. 

478  and  579.  Assessments  on  lots, 
and  how  enforced. 

508.  Cities  classified  by  popula- 
tion. 

amending  SPECIAL  CHARTERS. 

548.  Manner  of  proceeding  to 
amend  special  charters. 

551.  Cities  with  special  charters 
not  effected  by  repeal  of  prior 
laws. 


ANNEXING  CONTIGUOUS  TERRITORY. 


Sec.  431.  When  any  incorporated  city  shall  desire  to 
annex  to  such  corporation  any  abutting  and  contiguous  ter- 
ritory thereto,  which  is  not  embraced  within  the  limits  of 
any  city,  and  which  territory  has  been  laid  out  in  lots  or 
parcels  containing  two  acres  or  less,  the  council  of  such 
corporation  may  present  to  the  circuit  court  of  the  county, 
in  which  such  city  is  situate,  a petition  setting  forth  the 
facts,  and  describing  the  territory  that  is  desired  to  be 
annexed,  and  that  the  same  has  been  laid  out  as  above  men- 
tioned, together  with  the  names  of  each  owner  of  any 
portion  of  such  territory,  without  describing  at  length,  if 


KK1.ATIN«J  TO  C1T1E8. 


45 


there  is  more  tlmii  one  sueli  owner,  the  })articiilar  portion 
of  such  territory  owned  by  eaeh,  which  petition  shall  have 
attached  thereto  a map  or  plat  of  such  territory.  A notice 
of  the  tiling  of  such  petition  shall  be  served  by  publication 
in  one  daily  or  weekly  newspaper,  published  in  such  city, 
and  by  posting  in  live  public  places  in  the  territory  outside 
of  said  city,  for  the  period  of  four  weeks ; and  the  corpor- 
ation shall  be  plaintiff,  and  said  owners  defendants,  and 
issues  joined  and  the  cause  tried  in  the  ordinary  manner  as 
far  as  applicahle,  except  that  no  judgment  for  costs  shall  be 
rendered  against  any  defendant  who  does  not  make  any 
defense.  If  the  court  find  the  allegations  of  the  petition 
to  be  true,  and  that  justice  and  equity  require  that 
said  territory  or  any  part  thereof  should  be  annexed  to  such 
corporation,  a decree  shall  he  entered  accordingly,  and  from 
the  time  of  entering  such  decree  the  territory  therein 
di scribed  shall  be  included  in  and  become  a part  of  such 
corporation.  The  powers  conferred  under  the  provisions  of 
this  section  shall  also  apply  to  cities  acting  under  special 
charters. 

ABANDONING  SPECIAL  ( HARTER. 

Sec.  434.  Any  city  or  town  incorporated  by  special 
charter,  or  in  any  other  manner  than  that  provided  by  this 
chapter,  may  abandon  its  charter  and  organize  itself  under 
the  provisions  of  this  chapter  with  the  same  territorial 
limits,  by  pursuing  the  course  hereinafter  prescribed. 

Sec.  435.  Upon  the  petition  of  fifty  legal  voters  in  any 
such  city  or  town  to  the  council  or  trustees  thereof,  praying 
that  the  (question  of  abandoning  its  charter  be  submitted  to 
the  legal  voters,  the  council  or  trustees  shall  immediately 
direct  a special  election  to  be  held,  at  which  such  question 
shall  be  decided,  specifying  at  the  same  time,  the  time  and 
place  of  holding  the  same,  and  appointing  the  judges  and 
clerks  of  the  election. 


46 


LAWS  OF  IOWA 


Sec.  486.  The  mayor,  or  in  case  there  is  no  mayor,  the 
president  of  the  council  or  board  of  trustees  shall  at 
once  issue  a proclamation  giving  notice  of  such  election  of 
the  question  submitted  to  the  electors,  and  of  the  time  and 
place  of  holding  the  election,  which  proclamation  shall  be 
published  for  four  consecutive  weeks  in  some  newspaper 
published  in  such  city  or  town  ; and  if  there  is  none  pub- 
lished therein,  then  such  proclamation  shall  be  published 
by  posting  a copy  thereof  in  live  public  places  within  the 
corporate  limits  of  such  city  or  town,  one  of  which  shall 
be  on  the  door  of  the  mayor’s  office. 

Sec.  437.  At  such  election,  those  who  desire  to  vote  in 
favor  of  the  abandonment  of  the  charter  shall  deposit  a 
ballot  with  the  words  ‘‘in  favor  of  abandonment;”  those 
desiring  to  vote  against  the  abandonment  shall  deposit  a 
ballot  with  the  words  “ against  abandonment.”  The  election 
shall  be  conducted  in  other  respects  as  elections  for  city 
officers  are  conducted  under  the  charter.  The  abstract,  of 
votes  shall  be  returned  to  the  city  council  or  board  of  trus- 
tees, who  shall  canvass  the  same  and  declare  the  result, 
which  shall  be  entered  on  the  journal. 

Sec.  438.  If  a majority  of  the  votes  cast  at  such  election 
be  in  favor  of  the  abandonment  of  the  charter,  the  council 
or  trustees  shall  immediately  call  a special  election  for  the 
election  of  officers  for  such  corporation,  according  to  its 
class  as  defined  by  this  chapter ; and  from  and  after  the 
election  and  qualification  of  such  officers,  the  former  charter 
of  such  city  or  town  shall  be  considered  as  abandoned, 
and  such  city  or  town  shall  be  considered  as  organized, 
and  shall  have  all  the  rights  and  be  subject  to  all  the  lia- 
bilities of  the  class  to  which  it  belongs,  but  the  officers  so 
elected  shall  hold  their  offices  only  until  the  next  annual 
municipal  election  in  such  city  or  town.  If  a majority  of 
the  votes  be  against  abandonment,  that  question  cannot  be 


47 


KELATIN(il  TO  CITIES. 


again  vSiibmitted  until  after  the  ex[>ir{ition  of  one  year  from 
the  time  of  such  election. 

Sec  439.  A.11  rights  and  pro[)erty  of  every  description 

which  were  vested  in  any  municipal  corporation  under  its 
former  organization,  shall  be  deemed  and  held  to  l)e  vested 
in  the  same  municipal  cor[)oration  under  the  organization 
herein  contemplated;  and  no  right  or  liability,  either  in 
favor  of  or  against  such  corporation  existing  at  the  time, 
and  no  suit  or  prosecution  of  any  kind  shall  be  affected  by 
such  change  ; Provided,  that  when  a different  remedy  is 
given  by  this  chapter  whicli  can  properly  l)e  made  applicable' 
to  any  right  existing  at  the  time  such  change  is  made,  the 
same  shall  be  deemed  cumulative  to  the  remedies  before 
provided,  and  may  be  used  accordingly, 

POWKKS  OF  CITIFS. 

8ec.  4(-)5  They  shall  have  power  to  provide  for  the 
grading  and  repairs  of  any  street,  avenue  or  alley,  and  the 
construction  of  sewers  and  shall  defray  the  ex[»enses  of  the 
same  out  of  the  general  funds  of  such  city  or  town,  but  ik) 
street  shall  be  graded  except  the  same  be  ordered  to  be 
done  by  the  affirmative  vote  of  two-thirds  of  the  city  council 
or  trustees. 

Sec.  466.  They  shall  have  power  to  construct  sidewalks, 
to  curb,  pave,  gravel,  macadamize  and  gutter  any  highway 
or  alley  therein,  amf  to  levy  a special  tax  on  the  lots  and 
parcels  of  land  fronting  on  such  higliway  or  alley  to  pay 
the  expense  of  such  improvement.  But  unless  a majority 
of  the  resident  owners  of  the  property  subject  to  assess* 
ment  for  such  improvements  [)otition  the  council  or  trustees 
to  make  the  same,  such  improvements  shall  not  l)e  made 
until  three-fourths  of  all  the  members  of  such  council  or 
trustees  shall,  by  vote,  assent  to  the  making  of  the  same. 

Sec.  467.  They  shall  have  power  to  repair  permanent 


48 


I.AW8  OF  IOWA 


sidewalks,  and  to  assess  the  expense  thereof  on  the  property 
in  front  of  wliich  sudi  repairs  are  made. 

Sec.  468.  They  shall  have  power  to  provide  for  the 
laying  of  temporary  plank  sidewalks  upon  the  natural 
surface  of  tlie  ground,  without  regard  to  grade  on  streets 
not  permanently  im[)roved,  at  a cost  not  exceeding  forty 
cents  a lineal  f)Ot,  and  to  provide  for  the  assessment  of  the 
cost  thereof  on  the  property  in  front  of  which  the  same 
shall  be  laid. 

Seo.  469.  When  any  city  or  town  shall  have  established 
the  grade  ot  any  street  or  alley,  and  any  person  shall  have 
built  or  made  any  improvements  on  such  street  or  alley, 
according  to  tlie  established  grade  thereof,  and  such  city  or 
town  shall  alter  said  established  grade  in  such  a manner  as 
to  injure  or  diminish  the  value  of  said  property,  said  city 
or  town  shall  pay  t(^  the  owner  or  owners  of  said  property  so 
injured  the  amount  of  such  damage  or  injury,  which  shall 
be  assessed  by  three  persons — one  of  whom  shall  be 
appointed  by  the  mayor  of  such  city  or  town,  one  by  the 
owner  of  the  ]>roperty,  and  one  by  the  two  so  appointed,  or 
in  case  of  their  disagreement,  by  mayor  and  owner,  or  in 
case  of  their  disagreement,  by  the  city  council  or  town  trus- 
tees. If  the  owner  of  such  property  shall  fail  to  appoint  one 
such  appraiser  in  ten  days  from  the  time  of  receiving  notice 
so  to  do,  then  the  city  council  or  town  trustees  shall  appoint 
all  such  appraisers,  and  no  such  alteration  of  grade  shall  be 
made  until  said  damages  so  assessed  shall  have  been  paid  or 
tendered  to  the  owner  of  the  property  so  injured  or  dam- 
aged. The  appraisers  shall  be  sworn  to  faithfully  execute 
their  duties,  according  to  the  best  of  their  ability.  Before 
entering  upon  their  duties,  they  shall  give  notice  by  publi- 
cation for  three  weeks  in  one  or  more  newspapers,  printed 
in  such  city,  of  the  time  and  place  of  their  meeting  for  the 
purpose  of  viewing  the  premises  and  making  their  assess- 
ment. They  shall  view  the  premises  and,  in  their  discre- 


lUiLATlNli  TO  OITIKS. 


4!> 


tioii,  receive  any  legal  evidence  and  may  adjourn  from  day 
today.  When  the  appraisement  shall  be  completed,  the 
appraisers  shall  sign  and  return  the  same  to  the  city  council 
or  town  trustees,  within  thirty  days  of  their  appointment. 
The  city  council  or  town  trustees  shall  have  power,  in  their 
discretion,  to  confirm  or  annul  the  appraisement,  and  if 
annulled,  all  the  proceedings  shall  be  void,  but  if  confirmed, 
an  order  of  the  confirmation  shall  be  entered.  Any 
person  interested  may  appeal  from  the  order  of  confirma- 
tion to  the  circuit  court  of  the  county  in  which  such  city 
or  town  is  situated,  by  notice  in  writing  to  the  mayor  at  any 
time  before  the  expiration  of  twenty  days  after  the  entering 
the  order  of  confirmation.  [Tpon  the  trial  of  the  appeal, 
all  questions  involved  in  the  proceedings,  including  the 
amount  of  damages,  shall  be  open  to  investigation  and  the 
burden  of  proof  shall,  in  all  cases,  be  upon  the  city  or  town 
to  show  that  the  proceedings  are  in  conformity  with  this 
section.  The  cost  of  any  proceedings  incurred  prior  to  the 
order  of  such  city  council  or  trustees  confirming  or  annul- 
ling the  appraisement,  sliall  in  all  cases  be  paid  by  such  city 
or  town. 

Sec.  470.  They  shall  have  power  to  purchase  or  condemn 
and  pay  for,  out  of  the  general  fund,  and  enter  upon  and 
take  any  lands  within  or  without  the  territorial  limits  of 
such  city  or  town  for  the  use  of  public  squares,  streets, 
parks,  commons,  cemeteries,  hospital  grounds,  or  any  other 
proper  and  legitimate  municipal  use,  and  to  enclose,  orna- 
ment and  improve  the  same.  Tliey  shall  have  entire  con- 
trol of  the  same,  and  shall  have  power,  in  case  such  lands 
are  deemed  unsuitable  or  insufficient  for  the  purpose  for 
which  they  were  originally  granted,  to  dispose  of  and 
convey  the  same,  and  conveyances  executed  in  accordance 
with  this  chapter  shall  be  held  to  extinguish  all  rights  and 
claims  of  any  such  town  or  city  to  such  lands  existing  prior 
to  such  conveyance.  But  when  such  lands  are  so  disposed 


50 


LAWS  OF  IOWA 


ot!  and  conveyed,  enough  thereof  shall  be  reserved  for 
streets  to  accommodate  adjoining  property  owners. 

Sec.  471.  They  shall  have  power  to  erect  water  works 
or  to  authorize  the  erection  of  the  same ; but  no  such 
works  shall  be  erected  or  authorized  until  a majority  of 
the  voters  of  the  city  or  town  at  a general  or  special 
election,  or  four-fifths  of  the  members  of  the  council  or 
board  of  trustees  thereof,  by  vote,  approve  the  same. 

Sec.  472.  They  shall  have  power  to  construct  or  authorize 
the  construction  of  such  works  without  their  limits,  and  for 
the  purpose  of  maintaining  and  protecting  the  same  from 
injury  and  the  water  from  pollution,  their  jurisdiction  shall 
extend  over  the  territory  occupied  by  such  works  and  all 
reservoirs,  streams,  trenches,  pipes  and  drains  used  in  and 
necessary  for  the  construction,  maintenance  and  operation 
of  the  same,  and  over  the  stream  or  source  from  which  the 
water  is  taken  for  five  miles  above  the  point  from  which  it 
is  taken,  and  to  enact  all  ordinances  and  regulations  neces- 
sary to  carry  the  power  herein  conferred  into  effect. 

Sec.  473.  When  the  right  to  build  and  operate  such 
works  is  granted  to  private  individuals  or  incorporated 
companies  by  said  cities  and  towns,  they  may  make  such 
grant  to  inure  for  a term  of  not  more  than  twenty-five 
years,  and  authorize  such  individual  or  company  to  charge 
and  collect  from  each  person,  supplied  by  them  with  water, 
such  water  rent  as  may  be  agreed  upon  between  said  person 
or  corporation  so  building  said  works,  and  said  city  or 
town  ; and  such  cities  or  towns  are  authorized  and  empow- 
ered to  enter  into  a contract  with  the  individual  or  company 
constructing  said  works,  to  supply  said  city  or  town  with 
water  for  fire  purposes,  and  for  such  other  purposes  as  may 
be  necessary  for  the  health  and  safety  thereof,  and  to  pay 
therefor  such  sum  or  sums  as  may  be  agreed  upon  between 
said  contracting  parties. 


RELATING  TO  CITIES. 


51 


Sec.  474.  Said  cities  or  towns  are  hereby  authorized  to 
condemn  and  appropriate  so  much  private  property  as  shall 
be  necessary  tor  the  construction  and  operation  of  said 
water  works,  and  when  they  shall  authorize  the  construction 
and  operation  thereof  by  individuals  or  corporations,  they 
may  confer  by  ordinance  upon  such  person  or  corporation 
the  said  power  to  take  and  appropriate  private  property  for 
said  purpose. 

Sec.  475.  All  cities  and  incorporated  towns  constructing 
such  works  are  authorized  to  assess  from  time  to  time,  in 
such  manner  as  they  shall  deem  equitable  upon  each  tene- 
ment or  other  place  supplied  with  water,  such  water  rents 
as  may  be  agreed  upon ; and  at  the  regular  time  of  levying 
taxes  in  each  year,  said  city  or  town  is  hereby  empowered 
to  levy  and  cause  to  be  collected,  in  addition  to  the  taxes 
now  authorized  to  be  levied,  a special  tax,  on  taxable  prop- 
erty in  said  city  or  town ; which  tax,  with  the  water  rents 
hereby  authorized,  shall  be  sufficient  to  pay  the  expenses 
of  running  and  operating  such  works,  and  if  the  right  to 
build,  maintain  and  operate  such  works  is  granted  to  private 
individuals  or  incorporated  companies  by  such  cities  or 
towns,  and  said  cities  or  towns  shall  contract  with  said 
indivduals  or  companies  for  a supply  of  water  for  any  pur- 
pose, such  city  or  town  shall  levy  each  year,  and  cause  to  be 
collected,  a special  tax  as  provided  for  above,  sufficient  to 
pay  off  such  water  rents  so  agreed  to  be  paid  to  said  indi- 
vidual or  company  constructing  said  works ; provided^  how- 
ever, that  said  tax  shall  not  exceed  the  sum  of  live  mills  on 
the  dollar  for  any  one  year,  nor  shall  the  same  be  levied 
upon  the  taxable  property  of  said  city  or  town  which  lies 
wholly  without  the  limits  of  the  benefit  or  protection  of 
such  works,  which  limit  shall  be  fixed  by  the  city  council 
or  board  of  trustees  each  }^ear  before  making  said  levy. 

Sec.  476.  When  it  shall  be  deemed  necessary  by  any 
such  corporation  to  enter  upon  or  take  private  property  for 


library 

«JNIVERSITY  of 


52 


LAWS  OF  IOWA 


any  of  the  above  uses,  an  application  in  writing  shall  be 
made  to  the  circuit  court,  which  application  shall  describe  as 
correctly  as  may  be  the  property  to  be  taken,  the  object 
proposed  and  the  owners  of  the  property,  and  of  each  lot  or 
parcel  thereof  known,  and  notice  of  the  filing  thereof  shall 
be  given  as  is  required  to  commence  a civil  action  in 
said  court.  After  such  notice  shall  have  been  given,  the 
court  shall  proceed  to  determine  the  compensation  to  be 
paid  for  the  taking  of  the  property,  and  for  that  purpose 
shall  empanel  a jury,  and  the  mode  of  proceedure  therein 
shall  be  the  same,  so  far  as  applicable,  as  in  an  action  by 
ordinary  proceedings.  The  assessment  shall  be  made  so 
that  the  amount  payable  to  each  owner  may  be  ascertained 
either  by  allotting  it  to  each  owner  by  name  or  on  each  lot 
or  parcel  of  land,  and  the  inquiry  and  assessment  shall  in 
other  respects  be  made  by  the  jurors  under  such  instructions 
as  shall  be  given  by  the  court.  The  jurors  shall  be  sworn 
to  make  the  whole  inquiry  and  assessment,  but  may  be 
allowed  to  return  a verdict  as  to  part  and  be  discharged  as 
to  the  rest  in  the  discretion  of  the  court,  and  in  case  they 
shall  be  discharged  from  rendering  a verdict  in  whole  or  in 
part,  another  jury  may  be  empaneled  at  the  earliest  con- 
venient time,  which  shall  make  the  whole  inquiry  and 
assessment,  or  the  part  not  made,  as  the  case  may  be. 

Sec.  477.  When  the  amount  of  compensation  due  to 
any  of  the  owners  of  the  property  to  be  taken  shall  be 
ascertained,  the  court  shall  make  such  order  as  to  its  pay- 
ment or  deposit  as  may  be  deemed  just  and  proper,  and  may 
require  adverse  claimants  to  any  part  of  the  money  or  prop- 
erty to  interplead,  so  as  to  fully  settle  their  rights  and 
interests,  and  may  direct  the  time  and  manner  in  which 
possession  of  the  property  shall  lie  taken  or  delivered,  and 
may,  if  necessary,  enforce  an  order  giving  possession. 
But  none  of  the  property  shall  be  actually  taken  or  occu- 
pied until  the  compensation  thus  ascertained  shall  have 


RELATING  TO  CITIES. 


53 


been  paid  or  secured  to  be  paid.  The  costs  occasioned  by 
the  inquiry  and  assessment  shall  be  paid  by  the  corporation, 
aqd  as  to  the  other  costs  which  may  arise,  they  shall  be  charged 
or  taxed  as  the  court  in  its  discretion  may  direct ; no  delay 
in  making  an  assessment  of  compensation,  or  in  taking 
possession,  shall  be  occasioned  by  any  doubt  which  may 
arise  as  to  the  ownership  of  the  property,  or  any  part  thereof, 
or  as  to  the  interest  of  the  respective  owners ; but  in  such 
cases  the  court  shall  require  the  deposit  of  the  money 
allowed  as  compensation  for  the  whole  of  the  property,  or 
the  part  in  dispute ; and  in  all  cases  as  soon  as  the  corpora- 
tion shall  have  paid  the  compensation  assessed,  or  secured 
its  payment  by  a deposit  of  money  under  the  order  of  the 
court,  possession  of  the  property  may  be  taken  and  the 
public  work  of  improvement  progress. 

Sec.  478.  Each  municipal  corporation  may,  by  a general 
ordinance,  prescribe  the  mode  in  which  the  charge  on  the 
respective  owners  of  lots  or  lands,  and  on  the  lots  or  lands, 
shall  be  assessed  and  determined  for  the  purposes  authorized 
by  this  charter ; such  charge,  when  assessed,  shall  be  paya- 
ble by  the  owner  or  owners  at  the  time  of  the  assessment 
personally,  and  shall  also  be  a lien  upon  the  respective  lots 
or  parcels  of  land  from  the  time  of  the  assessment.  Such 
charge  may  be  collected  and  such  lien  enforced  by  a pro- 
ceeding in  law  or  in  equity,  either  in  the  name  of  such 
corporation  or  of  any  person  to  whom  it  shall  have  directed 
payment  to  be  made.  In  any  such  proceedings,  where 
pleadings  are  required,  it  shall  be  sufficient  to  declare  gen- 
erally for  work  and  labor  done  and  materials  furnished  on 
the  particular  street,  alley  or  highway.  Proceedings  may 
be  instituted  against  all  the  owners  or  any  of  them,  to 
enforce  the  lien  against  all  the  lots  or  land,  or  each  lot  or 
parcel,  or  any  number  of  them  embraced  in  any  one  assess- 
ment, but  the  judgment  or  decree  shall  be  rendered  sepa- 
rately for  the  amount  properly  chargeable  to  each.  Any 


54 


LAWS  OF  IOWA 


proceedings  may  be  severed,  in  the  discretion  of  the  court, 
for  the  purpose  of  trial,  review,  or  appeal. 

Sec.  479.  In  any  such  proceeding,  where  the  court  trying 
the  same  shall  be  satisfied  that  the  work  has  been  done,  or 
materials  furnished,  which,  according  to  the  true  intent  of 
the  act,  would  be  properly  chargeable  upon  the  lot  or  land 
through  or  by  which  the  street,  alley  or  highway  improved, 
repaired  or  lighted  may  pass,  a recovery  shall  he  permitted, 
or  a charge  enforced,  to  the  extent  of  the  proper  proportion 
of  the  value  of  the  work  or  materials  which  would  be 
chargeable  on  such  lot  or  land,  notwithstanding  any  inform- 
ality, irregularity  or  defect  in  any  such  municipal  corpora- 
tion or  any  of  its  officers.  But  in  such  case  the  court  may 
adjudge  as  to  costs  as  may  be  deemed  proper,  and  in  cases 
where  an  assessment  shall  have  been  regularly  made,  and 
payment  shall  have  been  neglected  or  refused  at  the  time 
when  the  same  was  required,  any  municipal  corporation 
may  he  entitled  to  demand  and  recover,  in  addition  to  the 
amount  assessed  and  interest  thereon  at  ten  per  cent,  from 
the  time  of  the  assessment,  five  per  cent,  to  defray  the  ex- 
penses of  collection,  which  shall  be  included  in  any  judgment 
or  decree  which  may  be  rendered.  The  provisions  and 
powers  conferred  in  this  chapter  from  section  four  hundred 
and  sixty-five,  to  section  four  hundred  and  seventy-nine, 
inclusive,  shall  apply  to  cities  acting  under  special  charter. 

CLASSIFICATION  OF  CITIES. 

Sec.  508.  Every  municipal  corporation  having  a popula- 
tion of  fifteen  thousand  and  upwards,  shall  be  a city  of  the 
first  class ; every  municipal  corporation  having  a population 
exceeding  two  thousand,  but  not  exceeding  fifteen  thousand, 
shall  he  a city  of  the  second  class;  and  every  municipal 
corporation  having  a population  not  exceeding  two  thous- 
and, shall  be  deemed  an  incorporated  town. 


RELATING  TO  CITIES. 


55 


AMENDING  SPECIAL  CHARTERS. 

Sec.  548.  On  the  presentation  of  a petition  signed  by 
one-fourth  of  the  electors,  as  shown  by  the  vote  at  the  next 
preceding  charter  election,  of  any  city  or  town  acting 
under  a special  charter  or  act  of  incorporation,  to  the  gov- 
erning body  thereof,  asking  that  the  question  of  the  amend- 
ment of  such  special  charter  or  act  of  incorporation  be 
submitted  to  the  electors  of  such  city  or  town,  such  gov- 
erning body  shall  immediately  propose  sections  amendatory 
of  said  charter  or  act  of  incorporation,  and  submit  the  same, 
as  requested  at  the  first  ensuing  charter  election.  At  least 
ten  days  before  such  election,  the  Mayor  of  such  city  or 
town,  shall  issue  his  proclamation  setting  forth  the  nature 
and  character  of  such  amendment,  and  shall  cause  such 
proclamation  to  be  published  in  a newspaper  published 
therein;  or,  if  there  be  none,  he  shall  cause  the  same  to  be 
posted  in  five  public  places  in  such  city  or  town.  On  the 
day  specified,  the  amendment  shall  be  submitted  to  the 
electors  thereof  for  adoption  or  rejection,  and  the  form  of 
the  ballots  shall  be  “for  the  amendment,”  or,  “against  the 
amendment.” 

Sec.  549.  If  a majority  of  the  votes  cast  is  in  favor  fo 
said  amendment,  the  Mayor  or  chief  officer  shall  issue  his 
proclamation  accordingly ; and  the  said  amendment  shall 
thereafter  constitute  a part  of  said  charter. 

Sec.  550.  The  legislative  body  of  said  city  or  town,  may 
submit  any  amendment  to  the  vote  of  the  people  as  afore- 
said, at  any  special  election,  one  half  the  electors 

as  aforesaid  petition  for  that  purpose,  and  the  proceedings 
shall  be  the  same  as  at  the  general  election. 

PRIOR  LAWS  REPEALED. 

Sec.  451.  All  acts  and  parts  of  acts  passed  subsequent 


56 


LAWS  OF  IOWA 


to  the  fourth  day  of  July,  A.  D.,  1858,  and  prior  to  the 
taking  effect  of  this  code  relating  to  cities  of  the  first  and 
second  class  and  incorporated  towns,  or  to  any  or  either  of 
said  classes  of  municipal  corporations,  and  applicable  both  to 
such  corporations  as  are  acting  under  special  charter,  and 
to  such  as  are  incorporated  under  the  general  act  of  which 
this  chapter  is  an  amendment,  are  repealed  by  the  code 
only  so  far  as  they  effect  the  latter,  and  not  as  they  effect 
corporations  acting  under  special  charters.  All  rights, 
powers,  privileges,  duties,  directions  and  provisions  what- 
ever, contained  in  and  enacted  by  such  acts  and  parts  of 
acts,  shall  remain  in  full  force  and  effect  so  far  as  municipal 
corporations  acting  under  special  charters  are  concerned, 
and  the  provisions  of  this  chapter  shall  not  apply  to  any  city 
or  town  incorporated  prior  to  the  eighteenth  day  of  July, 
A.  D.,  1858,  unless  the  same  he  adopted  as  hereinbefore 
provided. 


CHAPTER  XXV,  LAWS  OF  1874. 


AN  ACT  to  provide  that  lands  to  be  laid  out  into  town  or  city  lots  shall 
be  free  from  incumbrance,  and  that  the  same  when  thus  laid  out 
shall  be  accurately  described  relative  to  some  established  corner  of 
the  congressional  division  of  which  they  are  a part. 


Section  1.  Certificate  of  the 
Treasurer  and  Recorder,  showing 
title  perfect  and  free  from  taxes, 
to  be  filed  before  plat  of  town  lots 
can  be  recorded. 


2,  Every  such  plat  to  give  bear- 
ing and  distance  from  corner  of  a 
congressional  division. 


Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Iowa : That  whenever  any  person  or  corporation 


RELATING  TO  CITIES. 


57 


shall  lay  out  an}’  parcel  of  land  into  town  or  city  lots  in  ac- 
cordance with  chapter  12,  title  4,  of  the  Code,  such  person 
shall  procure  from  the  County  Treasurer  a certified  state- 
ment that  the  land  thus  laid  out  into  lots,  streets  and  alleys 
is  free  from  taxes,  and  such  proprietor  shall  also  procure  a 
certified  statement  from  the  recorder  of  deeds,  that  the  title 
in  fee  to  said  land  is  in  such  proprietor  and  that  the  same  is 
free  from  every  incumbrance ; which  certified  statements 
shall  both  be  filed  with  the  recorder  of  deeds  before  the  plat 
of  the  said  town  or  city  lots  shall  be  admitted  to  record  or 
of  any  validity. 

Sec.  2.  The  record  and  plat  of  every  town,  city  or  addi- 
tion thereto  which  may  be  thus  laid  out,  shall  give  the  bear- 
ing and  distance  from  some  corner  of  a lot,  or  block  in  said 
town  or  city  or  part  thereof,  to  some  corner  of  the  congress- 
ional division  of  which  said  town  or  city  or  addition  thereto 
is  a part. 

Approved,  March  18th,  1874. 


CHAPTEE  LI,  LAWS  OF  1874. 


AN  ACT  to  authorize  cities  and  towns  to  provide  for  the  improvement 
of  alleys. 


Section  1.  City  Council  author- 
ized to  provide  for  improvement 
of  alleys,  on  petition  of  property 
owners. 

2.  Contract  for  work  to  he  let 
to  lowest  bidder. 

3.  Assessments  for  grading  to 
be  a lien  on  adjacent  lots,  and 


may  be  sold  in  same  manner  as 
provided  by  law  in  cases  of  non- 
payment of  taxes. 

4.  Council  may  provide  for 
making  the  assessment,  and  col- 
lecting same. 

5.  Repeals  portion  of  Sec.  465 
of  the  code. 


58 


LAWS  OF  IOWA 


Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Iowa:  That  the  city  council  or  trustees  of  any  in- 

corporated city  or  town,  organized  under  special  charter  or 
under  the  provisions  of  the  general  incorporation  laws  of 
the  State  are  hereby  authorized  and  empowered  to  provide 
by  ordinance  for  the  improvement  of  alleys  (in  said  city  or 
town)  by  grading  the  same,  and  for  the  assessment  of  the 
expenses  thereof  upon  the  owners  of  lots  or  parcel  of  land 
abutting  on  said  alley,  pro  rata  according  to  the  front  feet  of 
said  lots  or  parcel  of  land,  provided,  that  such  ordinance 
shall  not  be  adopted  except  after  the  presentation  to  said 
council  of  a written  petition  for  the  improvement  of  such 
alley,  signed  by  a number  of  the  owners  of  property  so  to 
be  assessed  therefor  equal  to  a majority  of  the  owners  of 
such  property. 

Sec.  2.  It  shall  be  the  duty  of  such  city  council  or 
trustees  to  require  the  work  of  grading  such  alley  to  be 
done  under  contract  therefor,  to  be  entered  into  with  the 
lowest  responsible  bidder,  provided  that  all  bids  for  such 
work  may  be  rejected  by  such  council  or  trustees,  if  by  them 
deemed  to  be  exorbitant,  and  new  bids  ordered. 


Sec.  3.  All  assessments  for  the  grading  of  alleys 
under  this  act  shall  be  a lien  upon  the  lots  and  lands  as- 
sessed, and  shall  bear  the  same  rate  of  interest,  and  the  said 
property  assessed  may  be  sold  for  payment  thereof  in  the 
same  manner  at  any  regular  or  adjourned  sale,  with  the 
same  forfeitures,  penalties  and  rights  of  redemption ; and 
certificates  and  deeds  on  such  sales  shall  be  made  in  the 
same  manner  and  with  like  effect  as  in  cases  of  sales  for 
non-payment  of  the  annual  taxes  of  such  cities  or  towns  re- 
spectively, as  now  or  hereafter  provided  by  law  in  respect 
thereto. 


RELATING  TO  CITIES. 


59 


Section.  4 Such  city  council  or  trustees  may  provide 
by  ordinance  for  the  particular  mode  of  making  and  return- 
ing the  assessment  hereinbefore  authorized,  and  payment 
of  such  assessments  may,  if  so  directed  by  said  council  or 
trustees,  be  enforced  in  the  manner  and  by  the  proceedings 
provided  for  by  sections  478,  479,  and  481  of  the  code. 

Section  5.  That  so  much  of  Sec.  465,  chapter  10,  title  IV , 
as  requires  the  expense  of  the  grading  of  alleys  to  be  paid 
out  of  the  general  funds  of  any  incorporated  city  or  town  be 
and  the  same  are  hereby  repealed. 

Section  6.  This  act  being  deemed  of  immediate  import- 
ance shall  take  effect  from  and  after  its  publication  in  the 
Des  Moines  Register  and  State  Leader,  newspapers  pub- 
lished in  Des  Moines,  Iowa. 

Approved,  March  19th,  1874. 


CHAPTER  V,  LAWS  OF  1874. 

AN  ACT  to  empower  cities  and  towns  to  make  contracts  with  rail- 
roads and  bridge  companies  for  the  use  of  wagon  bridges  across 
rivers. 

Section  1,  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Iowa : That  all  cities  situate  on  am’  river  in  the 

State  whether  organized  and  existing  under  special  charter 
or  by  the  general  law,  and  from  which  to  the  opposite  shore 
of  any  of  said  rivers,  a bridge  has  been,  or  may  be  con- 
structed, by  any  railroad  or  other  private  company,  corpor- 
ation or  person,  shall  have  power  to  contract  with  the 
company,  corporation  or  person  owning  such  bridge,  for  the 
use  of  the  same  as  a public  highway,  jointly  with  any  com- 
pany, corporation  or  person,  having  or  desiring  the  right  to 
use  the  same  for  the  passage  of  cars  propelled  by  steam,  or 
otherwise,  and  in  such  contract  may  have  the  right  to  assume 
sole  liability  for  damage  to  persons  or  property  by  reason 


60 


LAWS  OF  IOWA 


of  their  being  on  any  part  of  said  bridge,  or  on  an  approach  to 
either  end  thereof,  caused  by  the  running  of  cars  or  locomo- 
tives by  any  corporation,  company  or  person  entitled  to  use 
said  bridge,  whether  such  damage  results  from  the  negli- 
gence of  the  persons  engaged  in  running  said  cars  or 
locomotives  or  otherwise ; and  to  indemnify  and  save  harm- 
less the  owners  of  said  bridge  and  any  or  all  corporations, 
companies  or  persons  entitled  to  use  the  same,  from  all 
liability  for  damage  so  caused ; and  said  city  may  thereafter 
manage  and  control  said  bridge  either  as  a free  or  a toll 
bridge,  and  prescribe  such  rates  of  toll  as  to  it  from  time  to 
time  shall  seem  proper,  and  make  all  necessary  police  regu- 
lations for  the  government  of  said  bridge. 

Section  2.  This  act  being  deemed  of  immediate  import- 
ance shall  be  in  force  from  and  after  its  publication  in  the 
Iowa  Daily  State  Leader,  published  in  the  city  of  Des 
Moines,  and  Dubuque  Herald,  published  in  the  city  of 
Dubuque. 

Approved,  February  19th,  1874. 


CHAPTER  LXI,  LAWS  OF  1874. 

AN  ACT  in  relation  to  vacation  of  town  plats. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Iowa : That  whenever  the  owners  of  any  piece  of 

land,  not  less  than  40  acres  in  amount,  which  has  been  plat- 
ted into  town  lots,  and  the  plat  of  which  has  been  recorded, 
shall  desire  to  vacate  said  plat  or  part  of  plat,  it  may  be 
done  in  manner  following : A petition  signed  by  all  the 

owners  of  the  town  or  part  of  the  town  to  be  vacated,  shall 
be  filed  in  the  clerk’s  office  of  the  district  court  of  the  dis- 


RELATING  TO  CITIES. 


61 


trict  ill  which  the  land  so  platted  lies,  and  notice  of  such 
petition  shall  be  given  at  least  four  weeks  before  the  meet- 
ing of  the  court,  by  posting  notices  in  three  conspicuous 
places  in  the  town  where  the  vacation  is  prayed  for,  and  one 
upon  the  court  house  door  of  the  county.  At  the  term  of 
court  next  following  the  filing  of  petition  and  notice,  the 
court  shall  fix  a time  for  hearing  the  petition,  and  notice  of 
the  day  so  fixed  upon  shall  be  given  by  the  clerk  of  the  court 
in  some  newspaper  published  in  the  county  at  least  one  week 
before  the  day  appointed  for  the  hearing.  At  the  hearing 
of  the  petition,  if  it  shall  appear  that  all  the  owners  of  lots  in 
the  town  or  part  of  town  to  be  vacated,  desire  the  vacation 
and  that  there  is  no  valid  objection  thereto,  a decree  shall  be 
entered  vacating  such  portion  of  the  town,  and  the  streets, 
alleys  and  avenues  therein,  and  for  all  purposes  of  assess- 
ments, such  portion  of  the  town  shall  be  as  if  it  had  never 
been  platted  into  lots. 

Provided^  however,  that  if  any  street  as  laid  out  on  the 
plat  shall  be  needed  for  the  public  use,  it  shall  be  excepted 
from  the  order  of  vacation  and  shall  remain  a public  high- 
way, and  further,  jprovided,  that  this  act  shall  not  effect  cities 
of  the  1st  and  2nd  class. 

Approved,  March  21st,  1874. 


CHAPTER  LIV,  LAWS  OF  1874. 

AN  ACT  to  authorize  the  re-survey  and  platting  of  city  or  town  plats, 
or  additions  thereto  in  cases  where  the  original  plats  have  been  lost 
and  not  acknowledged  or  recorded. 

Section  1.  Be  it  enacted  hy  the  General  Assembly  of  the 
State  of  Iowa : That  in  all  cases  where  the  original  town 

plat  of  any  city,  town  or  village  of  this  state,  or  any  of  the 


62 


LAWS  OF  IOWA 


additions  to  any  such  city,  town  or  village,  shall  have  been 
heretofore  or  may  hereafter  be  lost,  mislaid  or  destroyed 
after  the  sale  and  conveyance  of  any  sub-division,  block  or 
lot  thereof  by  the  original  owner  or  proprietor,  to  any  per- 
son or  persons  before  the  same  shall  have  been  recorded,  it 
shall  be  lawful  for  any  three  persons  interested  in  such  city, 
town,  village  or  additions  thereto,  to  have  such  original  city, 
town,  village  or  addition  to  any  such  city,  town  or  village  re- 
surveyed and  re-platted,  and  such  plat  made  a matter  of 
record  as  hereinafter  set  fovth.^ ][)rovided,  that  in  no  case  shall 
such  re-plat  be  made  a matter  of  record  without  the  consent 
in  writing  endorsed  thereon  of  the  original  owner  or  pro- 
prietor of  such  city,  towm,  village  or  addition  thereto,  if  he 
be  alive  and  his  residence  known  to  those  who  desire  such 
re-plat  recorded. 

Sec.  2.  The  county  surveyor  of  any  county  of  this  state 
in  which  is  situate  any  such  city,  town,  village  or  addition 
thereto,  as  contemplated  in  section  one  of  this  act,  is  hereby 
authorized,  empowered  and  upon  payment  to  him  of  his 
legal  fees  by  the  persons  interested,  required  to  re-survey 
any  such  city,  town,  village  or  addition  thereto,  and  shall 
make  out  a plat  of  such  city,  town,  village  or  addition  so 
re-surveyed,  which  plat  shall  in  all  respects  as  near  as  possi- 
ble, conform  to  the  original  lines  of  said  city,  town,  village 
or  any  addition  thereto  that  may  be  re-surveyed,  and  it  shall 
in  all  respects  be  made  out  as  required  by  section  559  of 
the  Code.  And  in  order  to  the  perfect  completion  of  such 
re-survey  and  plat,  the  said  surveyor  is  empowered  and  au- 
thorized to  subpoena  witnesses,  administer  oaths,  and  to 
take  evidence  touching  said  original  plat,  lines  or  sub-di- 
visions of  said  city,  town,  village  or  addition  thereto  sought 
to  be  surveyed  and  re-platted,  also  as  to  whether  the  origi- 
nal proprietor  be  dead  or  living  and  touching  all  things 
necessary  to  enable  him  to  accurately  establish  the  lines 
and  boundaries  of  the  said  city,  town,  village  or  addition 
thereto,  and  the  various  sub-divisions  thereof. 


RELATING  TO  CITIES. 


63 


Provided^  that  in  all  cases  before  any  such  re-survey  shall 
be  made,  the  county  surveyor  of  the  proper  county  shall 
give  four  weeks  notice  in  some  newspaper  published  in  the 
county,  it  there  be  any,  of  such  contemplated  re-survey,  and 
in  case  there  is  no  such  paper  published  in  the  county, 
then  by  posting  up  four  written  notices  in  four  of  the  most 
public  places  in  the  county,  one  of  which  shall  be  in  said 
district  proposed  to  be  re-surveyed. 

Sec.  3.  When  the  surveyor  shall  have  completed  said 
plat,  as  hereinbefore  contemplated,  he  shall  attach  his  cer- 
tificate thereto,  to  the  effect,  that  said  plat  is  a just,  true, 
and  accurate  plat  of  said  city,  town,  village  or  addition  so 
surveyed  by  him ; and  the  said  plat  and  certificate  thereto 
shall  be  filed  for  record  in  the  office  of  the  Recorder  of 
deeds  of  the  proper  county,  and  from  the  date  of  such  filing 
it  shall  be  regarded  and  treated  in  all  courts  of  law  and 
equity  in  this  state,  as  though  the  same  had  been  made  by 
lands  so  re-surveyed  and  re-platted.  Provided,  that  any  per- 
son or  persons  deeming  themselves  aggrieved  by  said  re- 
survey or  re-platting  may  at  any  time  within  six  months 
from  the  date  of  filing  said  plat  for  record,  commence  action 
by  bill  in  chancery  in  the  circuit  or  district  court  against 
the  persons  employing  the  surveyor  as  aforesaid,  and  set- 
ting up  their  causes  of  complaint  and  asking  that  said 
record  be  cancelled. 

Sec.  4.  If  it  shall  appear  on  the  trial  of  said  cause  that 
the  said  city,  town,  village  or  addition  thereto  was  original- 
ly laid  out  and  platted,  that  the  original  owner  or  proprie- 
tor had  sold  any  or  all  of  the  lots  of  such  city,  town,  village 
or  addition,  or  that  he  intended  to  dedicate  to  the  public 
the  streets,  alleys  or  public  squares  of  such  city,  town,  vil- 
lage or  addition,  that  the  plat  thereof  had  never  been 
recorded,  but  was  lost  or  mislaid,  that  the  owner  or  propri- 
etor is  dead,  or  his  residence  unknown,  and  that  the 
re-survey  and  plat  so  filed  for  record,  is  a substantially 


64 


LAWS  OF  IOWA 


accurate  survey  and  plat  of  the  original  re-plat  of  such  city, 
town,  village  or  addition  thereto,  then  the  said  bill  shall  be 
dismissed  at  the  costs  of  the  complainants,  otherwise  the 
court  shall  set  aside  said  re-plat  and  cancel  the  same  of 
record,  at  the  costs  of  defendants. 

Approved,  March  19th,  1874. 


CITY  ORDINANCES. 


ORDESTANCB  NO.  1. 

AN  ORDINANCE  in  relation  to  the  City,  its  Charter  and  Wards. 

Section  1.  City  Charter.  | 2.  Division  into  Wards. 

Sec.  1.  Be  it  ordained  by  the  City  Council  of  the  city  of 
Cedar  Rapids : That  the  act  of  the  General  Assembly  of 

the  State  of  Iowa,  approved  July  12th,  A.  D.,  1856,  incor- 
porating the  City  of  Cedar  Rapids,  with  the  amendment 
thereto  passed  March  3d,  1868,  and  chapter  one  hundred 
and  five  entitled  an  act  concerning  taxes  levied  hy  munici- 
pal corporations  approved  March  22d,  1858,  and  chapter 
one  hundred  and  eleven  of  the  laws  of  1868,  approved  April 
7th,  1868,  up  to  the  second  part  of  section  2d,  of  said  chap- 
ter commencing  with  the  words  “The  City  Council  &c.,” 
and  chapter  sixty-five  of  the  laws  of  1870,  approved  April 
6th,  1870,  and  so  much  of  chapter  sixty-nine  of  the  laws  of 
1870,  approved  April  7th,  1870,  as  is  applicable  to  munici- 
pal corporations,  and  chapter  twelve  of  the  laws  of  1870, 
approved  February  9th,  1870,  and  chapters  one,  seventeen, 
twenty-eight,  thirty-one  and  forty  of  the  laws  of  1872,  and 
so  much  of  chapter  ten  of  the  Code  of  1873,  as  is  applicable 
to  cities  acting  under  special  charters,  and  chapters  five, 
twenty-five,  fifty-one,  fifty-four  and  sixty-one  of  the  15th 
General  Assembly,  be,  and  the  same  are  hereby  received, 
recognized  and  accepted  as  the  charter  of  the  city  of  Cedar 
Rapids. 


66 


CITY  ORDINANCES. 


Sec.  2.  That  the  city  of  Cedar  Rapids  is  hereby  divided 
into  four  wards  and  bounded  as  follows,  to-wit : 

FIRST  WARD. 

All  that  portion  of  the  original  town  of  Cedar  Rapids,  with 
all  the  additions  annexed  thereto,  lying  on  the  east  side  of 
the  Cedar  River,  and  north  and  west  of  the  center  of  Eagle 
street. 

SECOND  WARD. 

All  that  portion  of  said  city  lying  on  the  east  side  of  the 
Cedar  River,  between  the  center  of  Eagle  street  and  the 
center  of  Greene  street. 

THIRD  WARD. 

All  that  portion  of  the  original  town  of  Cedar  Rapids 
with  all  additions  annexed  thereto,  lying  east  of  the  Cedar 
River,  and  east  and  south  of  the  center  of  Greene  street. 

FOURTH  WARD. 

All  that  territory  lying  on  the  west  side  of  the  Cedar 
River  known  as  West  Cedar  Rapids,  formerly  Kingston, 
with  all  the  platted  additions  that  have  been  annexed  thereto. 

Passed  April  24th,  1874. 

Attest:  A.  B.  HULL, 

J.  C Stoddard,  Mayor. 

Recorder. 


ORDIKAKCE  KO.  2. 

AN  ORDINANCE  establishing  the  City  Seal. 

Sec.  1.  Be  it  ordained  by  the  City  Council  of  the  City  of 
Cedar  Eapids  : That  the  seal  heretofore  provided  and  used 

by  and  for  the  city  of  Cedar  Rapids,  having  around  the 
margin  eight  stars,  and  the  words  “Cedar  Rapids  Seal 
Iowa,”  and  having  in  the  center  a shield  bearing  an  uplifted 


CITY  ORDINANCES. 


67 


arm,  the  hand  holding  a hammer,  with  plow  and  sheaves  on 
the  left  and  a building  on  the  right,  with  the  representation  of 
the  sun  rising  from  behind  the  shield,  is  hereby  established 
and  declared  to  have  been,  and  now  to  be  the  seal  of  the  City  of' 
Cedar  Rapids. 

Passed  April  10th,  1874. 

Attest:  A.  B.  HULL, 

J.  C.  Stoddard,  Mayor. 

Recorder. 


ORUIXAjS^CE  no.  8. 


AX  ORDINAXCE  relative  to  the  City  (.'ouiicil, 


Sec.  1.  C!ity  Coimcil. 

2 & 8.  Majority  constitute  a quorum,  and  may  be  fined  for  absence. 
4.  Judges  of  Election. 

.5.  Keep  Journal  and  prescribe  Rules. 

().  President  of  Council  to  act  in  al)sence  of  Mayor. 

7.  Compensation  of  Members. 

8.  May  expel  a Member. 

0.  Time  of  holding  meetings. 

10.  Appropriations  limited. 

11.  Style  of  City  Ordinance. 

12.  Officers  take  notice,  when  CRdinances  take  effect. 


Sec.  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of 
Cedar  Rapids:  That  the  City  Council  shall  be  composed  of 

the  Mayor,  and  two  Aldermen  from  each  ward  in  said  city, 
wdio,  upon  receiving  notice  of  their  election,  shall,  before  they 
enter  upon  their  duties,  severally  take  the  oath  or  affirmation 
prescribed,  before  some  officer  authorized  to  administer  the 
same. 

Se(\  '1.  A majority  of  the  Council  shall  constitute  a quo- 
rum to  do  business,  but  a smaller  number,  as  well  as  when  a 


niTT  ORDlXATsTJES. 


<^8 


quorum  is  present,  may  compel  the  attendance  of  absent 
members  by  sending  the  Marshal  to  require  their  attendance. 
If  they  refuse  to  ccttend  after  being  notihed  so  to  do  by  the 
Marshal,  they  shall  be  fined  in  a sum  not  more  than  ten  dol- 
lars, and  not  less  than  two,  which  fine  wheti  entered  upon  the 
records  of  the  (Council,  shall  have  the  force  and  effect  of  a 
judgment  at  law,  upon  which  the  City  Recorder  may  issue  an 
execution  to  be  placed  in  the  hands  of  the  Marshal  for  collec- 
tion; provided,  that  if  such  failing  member  shall  at  a subse- 
quent meeting  of  the  Council  render  an  excuse  that  shall  be 
satisfactory  to  the  Council,  he  shall  be  excused. 

Sec.  8.  Idle  Recorder  shall  forfeit  and  p>ay  five  dollars  for 
absence  from  the  City  Council  without  sufficient  excuse;  and 
in  his  case  the  Mayor  shall  enter  judgment,  and  the  judgment 
shall  be  deducted  from  his  fees  or  salary. 

Sec.  4.  The  City  C'ouncil  shall  be  judge  of  the  election 
returns  and  qualification  of  its  members,  and  shall  determine 
contested  elections. 

Sp]c.  5.  The  City  Council  shall  keep  a jounrnal  of  its  pro- 
ceedings, which  shall  be  open  at  all  times  for  inspection;  shall 
determine  its  own  rules  of  action;  set  upon  its  own  adjourn- 
ments; prescj'ibe  by  resolution  the  time  and  place  of  its  ses- 
sions; protect  itself  from  indignities  and  interruptions  from 
by-standers;  and  it  shall  be  unlawful  for  any  person  not  a 
member  of  said  Council,  to  participate  in  its  deliberations,  or 
to  address  the  Council,  except  when  a special  permission  is 
granted  on  motion  of  some  member. 

Sec.  b.  In  the  absence  of  the  Mayor,  the  President  pro- 
tempore  shall  preside  over  the  sessions  of  the  (Council,  and 
for  the  time  being  perform  all  the  functions  of  Mayor,  subject 
to  the  (diarter. 

Sec.  7.  Each  member  of  the  (bty  CNnincil  shall  be  entitled 
to  a compensation  (ft*  one  dollar  per  meeting,  and  not  moi*e 
than  thirty  dollars  a year  for  the  services  of  each  AIdei*man, 


CTTl’  ()Rn^^'AT^nWS. 


f>9 


and  not  more*  than  fifty  dollars  a ye^.ar  for  the'  service  of  tfie 
M ay  or. 

SKei.  S.  ddiat  whenever  two-thirds  of  the  whole  number  of 
the  City  Council  shall  cemciir,  the  Council  may  e*xpel  any 
member  of  said  (^)iin(dl  for  gross  disorder,  mise'onduct,  or 
repeateMi  violations  e>f  duty,  giving  the  accused,  in  all  erases, 
an  opportunity  for  defense,  anel  all  such  vacaiu'ies  shall  be* 
tilled  as  provided  by  the  City  (diarter. 

Sec.  9.  The  City  (V)uncil  shall  hold  regular  meetings  on 
Ki-iday  of  each  week,  and  during  the  months  of  May,  June, 
duly,  August  and  Se])tember,  at'/^f  oVJock  p.  m.,  aiul  during 
the  months  of  October,  A'ovember,  December,  January.  Feb- 
ruary, March  and  April,  at  7^  o’cloe*,k  p.  ^E.  The  (kmncil  may 
adjourn  a regular  meeting  to  any  specified  time,  and  sucJi 
adjourned  meeting  shall  be  considered  a regular  meeting. 
The  Council  may  hold  s])ecial  sessions  at  the  call  of  the 
Mayor;  and  it  shall  be  the  duty  of  the  Mayor  to  call  a special 
meeting  whenever  he  shall  be  requested  to  do  so  by  the  writ- 
ten request  of  four  Aldermen.  Such  special  sessions  shall  be 
called  by  a written  notice  from  the  AFayor  to  be  served  upon 
each  Alderman  by  the  (hty  AFarshal. 

Sec.  10.  jSTo  contract  requiring  an  expenditure  of  more 
than  $500  shall  be  authorized  or  approved,  nor  shall  any 
appropriation  for  one  object  be  made  exceeding  said  sum,  at 
any  other  than  a regular  meeting  of  the  Council,  nor  at  any 
time,  unless  voted  for  by  a majority  of  all  the  Aldermen,  and 
no  appropriation  of  money  exceeding  $100,  for  any  one  object, 
shall  be  made  at  any  special  meeting  of  the  Council,  unless 
two-thirds  of  all  the  Aldermen  vote  in  favor  thereof. 

Sec.  11.  The  style  of  the  ordinances  of  the  city  shall  be: 
‘‘]>e  it  ordained  by  the  City  Council  of  the  City  of  Cedar 
Kapids,”  and  all  ordinances  shall  be  signed  by  the  Alayor  and 
attested  by  the  Recorder. 

Sec.  12.  The  Alayor  and  other  judicial  officers  shall  ex-of- 


TO 


('ITY  OKDI NANCES. 


lirAo  take  notice  of  tlie  time  wlien  the  ordinances  shall  have 
taken  effect. 

Passed  Novemher  2Sth,  1850. 

Attest:  ISAAC ^ A.  WHTTTAM, 

I).  M.  McIntosh,  Alavor. 

Recorder. 


ORDINANCE  NO.  4. 


AN  OliDlNANCE  in  relation  to  City  Officers,  their  Election  and 
Appointment. 


Sioc.  1.  Officers — when  and  how  elected. 

2.  Place  of  holding  elections  designated,  and  (lualihcation  of 
voters  specified. 

:l.  Election  of  Judges  of  Election  and  their  duties. 

4.  Vacancies  filled. 

5.  Judges  to  examine  qualification  of  voters;  compensation  of 

Judges  and  Clerks  per  day. 

B.  Recorder  to  give  notice  to  Judges  and  Clerks,  &c. 

7.  Opening  and  closing  of  Polls,  and  return  of  Judges. 

8.  Contesting  Elections. 

9.  In  case  of  tie,  new  election  to  ordered. 

10.  Appointment  of  Officers,  and  how  chosen. 

11.  Officers  to  take  oath. 

12.  Council  may  remove  officers. 

Se('.  1.  Be  it  ordained  hy  the  City  Co  uncil  of  the  City  of 
Cedar  Rapids:  That  the  Mayor,  Aldermen,  Recorder,  Mar- 

shal, Treasurer,  Police  Judge  and  Chief  Engineer  of  Fire 
Department,  of  said  city,  shall  be  elected  hy  the  (pialihed 
voters  thereof,  at  the  time,  in  the  manner  and  under  the  reg- 
ulations prescribed  in  the  City  (Charter. 

Se(\  2.  Elections  for  such  officers  shall  be  held  at  such 
[)lace  in  each  ward  as  shall  be  designated  in  the  Mayor’s  jn’oc- 
lamation;  and  the  voters  shall  possess  the  (pialihcations  spec- 


(MTY  OKDINANdKS. 


71 


itied  ill  the  original  (hty  ( Uiarter,  passed  'J  uiy  1 2tli,  185t>,  and 
shall  cast  their  votes  only  in  the  ward  where  they  reside. 

Sec.  8.  The  Chty  (lonncil  shall  elect  four  of  their  number 
as  judges  of  such  election,  one  in  each  ward,  and  shall  aj^point 
two  or  more  clerks  of  said  election  in  each  ward;  and  said 
judges  and  clerks  shall  take  an  oath,  or  affirmation,  before 
entering  upon  their  duties,  before  some  officer  authorized  by 
law  to  administer  the  same,  that  they  will  faithfully  and 
impartially  discharge  the  duties  of  judges  and  clerks  of  said 
election  according  to  law. 

Sec.  4.  If  a vacancy  occurs  in  the  office  of  judge  or  clerk 
of  said  election,  or  if  any  person  appointed  declines  to  serve,  or 
if  any  judge  or  clerk  so  appointed,  shall  not  be  present  at  the 
proper  time  for  opening  the  Polls,  or  shall  refuse  to  act,  a 
majority  of  the  qualitied  voters  present  at  the  opening  of  the 
Polls,  may  elect  a person  to  fill  such  vacancy  to  act  as  judge 
or  clerk,  as  the  case  may  be. 

Sec.  5.  The  judges  shall  carefully  examine  into  the  quali- 
fications of  all  persons  offering  to  vote,  and  may,  when  deemed 
necessary,  examine  the  person  offering  to  vote  under  oath, 
touching  his  qualifications  so  to  vote.  Said  judges  and  clerks 
shall  each  receive  the  sum  of  two  dollars  foi’  each  day  employ- 
ed in  holding  such  election  and  counting  the  ballots. 

Sec.  6.  The  Pecorder  shall,  at  least  three  days  before  hold- 
ing any  election,  cause  notice  to  be  given  to  the  persons 
appointed  by  the  Ch'ty  Ooimcil  to  act  as  judges  and  clerks,  and 
shall  deliver  to  one  of  the  judges,  Poll-Books,  with  the  necessary 
certificates  in  blank,  and  a ballot-box  for  each  ward.  It  shall 
be  the  duty  of  the  Marshal  to  provide,  at  the  expense  of  the 
city,  suitable  accommodations  for  the  officers  of  the  election. 

Sec.  T.  The  Polls  shall  be  opened  and  closed  at  the  hours 
named  in  the  21st  Section  of  the  original  City  Charter,  and 
the  judges  shall  make  their  returns  as  prescribed  in  said  sec- 
tion, accompanied  with  all  the  l)allots  strung  on  a string,  as 
counted,  replaced  in  the  ballot-box,  and  locked  up,  and  the 


72 


(;ITV  ORDINANCTiP. 


President  of  the  Oonncil  shall  preserve  the  same  unopened, 
unless  called  for  by  the  Oity  Council,  for  a period  of  one 
month,  and  longer,  if  the  election  of  any  officer  be  contested 
and  not  previously  detenTiined. 

Sec.  8.  Any  elector  of  the  city  may  contest  the  election  of 
any  city  officer,  and  the  proceedure  shall  be  in  accordance  with 
the  law  of  the  State  of  Lowa,  in  force  at  the  time,  regulating 
the  mode  of  contesting  the  election  of  county  officers,  so  far  as 
the  same  may  be  applicable;  provided^  that  the  City  Council 
shall  be  the  tribunal  before  which  said  contest  slmll  be  had, 
unless  the  election  of  more  than  a quorum  of  said  Council  shall 
be  contested,  in  which  event  the  old  or  retiring  Council  shall 
constitute  a board  to  hear  and  determine  said  contest,  whose 
decision  shall  be  final. 

Sec.  9.  Whenever  there  is  a tie  between  two  oi*  more  pei’- 
sons  for  Mayor  or  other  elective  officer,  it  shall  be  the  duty  of 
the  Mavor  to  forthwith  issue  his  r)roclamation  for  another 
election  of  such  officers,  which  in  all  things  shall  be  notified, 
conducted  and  regulated,  aiid  the  retuni  thereof  made  as  pre- 
scribed by  this  Ordinance. 

Sec.  10.  All  city  officers  whose  election  is  not  otherwise 
provided  for,  shall  receive  their  appointment  frf)m  the  City 
( /Ouncil,  and  shall  be  chosen  by  ballot,  a majority  of  the  votes 
of  the  whole  Council,  being  necessary  to  elect;  provided^  the 
Mayor  shall  only  vote  in  case  of  a tie,  and  they  shall  continue 
in  office  until  their  successors  are  appointed  and  qualified.  A 
certificate  from  the  Kecorder  shall  be  evidence  of  their  appoint- 
ment, and  shall  be  granted  under  the  seal  of  the  city,  when 
demanded  by  the  officer  elected. 

Sec.  11.  Before  entering  upon  their  duties,  each  of  said 
officers  shall  take  and  subscribe  an  oath  or  affirmation  in  the 
presence  of  the  Council,  that  he  will  honestly  demean  himself 
in  office,  and  faithfully  discharge  all  of  the  duties  imposed  upon 
him  by  the  Charter  and  Ordinances  of  the  city;  which  said 
several  oaths  or  affirmations  shall  be  filed  with  the  Rec(u*der, 


78 


CITV  OKUIiVAXCES. 


except  that  of  the  Keoordei*  himself,  wliieli  shall  he  filed  with 
the  Mayor. 

Sec.  The  (dtv  (\>iiiicil  shall  ha\  e powei-  l)v  a vote  of 

the  majority  of  the  whole  Council,  to  i-emove  any  officer  for 
malfeasance,  oi*  unfaithfulness  in  office,  or  incompetency,  when- 
ever in  thei]*  judgment,  the  public  good  requires  such  action: 
but  no  remo^'al  of  any  officer  elected  by  the  people  shall  take 
place  until  the  delinquent  officei*  has  been  duly  notified  in  wri- 
ting of  the  charges  against  him,  and  until  lie  has  had  an 
opportunity  of  defending  himself  against  such  charges,  which 
he  may  do  by  himself  or  counsel:  provideA,  that  this  Section 
shall  not  be  construed  to  prevent  the  removal  of  any  Deputy 
Marshal  or  any  Policeman  of  the  city  by  the  Mayor  and  Mar- 
shal, as  elsewhere  prescribed. 

Passed  May  8th.  1874. 

Attest:  ‘ A.  P.  KUJ.L, 

(/.  Stoodakd,  Mayor. 

Pecorder. 


OEDIXAAT’E  NO.  5. 


AX  OEDIXAXCE  relating  to  the  Police  ( 'ourt,  and  in  regard  to  the 
.iudicial  proceedings  therein. 


Sec.  ].  Police  Court;  when  to  he  open.  ' 

2.  Docket;  how  kept. 

o.  Actions;  how  coinnienced  and  prosecuted. 

4.  Of  the  Warrant  and  Arrest, 
o.  Proceedings ; how  conducted. 

(i.  Person  arrested  may  give  bail. 

T.  When  in  custody,  how  confined. 

-s.  Witnesses  failing  to  appear,  fined. 

9.  Witness  refusing  to  answer,  or  for  contenq)t,  may  be  fined. 

10.  Jury ; their  verdict. 

11.  Fine  and  commitment. 

12.  May  be  compelled  to  woi  k on  streets. 


74 


CITY  ORDINANCES. 


13.  Police  Judge  to  make  report  to  Council : when,  and  how. 

1 4.  W itness  and  J uror  F ees. 

1.5.  Police  Judge  Fees. 

8ec.  1 . Be  it  ordained  by  th  e City  Oo  anvil  of  the  City  of 
Oedar  Bapids:  That  the  Court  of  the  Police  Judge  shall  be 

opened  daily  (Sundays  excepted)  at  the  City  Hall,  for  the 
transaction  of  business,  commencing  at  nine  o’clock  a.  m. 

Sec.  2.  The  Police  Judge  shall  keep  a docket  in  which 
shall  be  entered  a synopsis  of  the  pi'oceedings  of  each  cause, 
including  the  names  of  the  j:>arties,  the  nature  of  the  informa- 
tion, the  issue  of  process,  date,  and  return  thereof;  the  appear- 
ance of  the  parties;  every  adjournment,  stating  at  whose 
instance,  and  for  what  time;  the  trial,  wdiether  by  the 
Judge  or  a jury;  the  verdict  and  judgment,  the  issuing  of  exe- 
('ution  or  mittimus,  with  the  date;  the  taking  and  allowance  of 
ajjpeals,  and  note  all  motions  made,  and  whether  adopted  or 
rejected. 

Sec.  ‘h  Penal  actions  for  the  N'iolatioii  of  any  of  the  ordi- 
nances of  the  city  may  be  commenced  as  follows:  First — 
when  the  matter  complained  of  was  committed  within  the 
knowledge  or  view  of  the  Police  Judge,  he  may  direct  any 
peace  officer  to  arrest  and  bring  sncli  person  so  otfending, 
l)efore  him  forthwith  without  a warrant.  Second — By  inform- 
ation, which  shall  in  all  cases  be  subscribed  and  t^worn  to  by 
the  person  making  the  same,  and  shall  contain  the  name  of  the 
accused,  if  known,  and  if  not,  then  such  name  as  may  be  given 
by  the  person  complaining;  also  a statement  of  the  acts  consti- 
tuting the  alleged  offense  with  the  time  and  place  of  commit- 
ting the  same  as  near  as  may  be. 

Sec.  -1-.  The  information  being  filed,  the  Police  Judge  shall 
issue  a warrant,  directed  to  any  peace  officer,  and  the  officer 
receiving  the  warrant  shall  serv^e  the  same  foi*thv'ith,  by  taking 
the  defendant  into  custody,  and  bringinghim  before  the  Police 
Judge;  and  shall  make  due  return  on  said  warrant;  and  when 
any  officer  shall  ha^’e  ai*rested  a person  without  a wai’rant,  lit' 


CITY  ORDINANCES. 


75 


shall  file  with  the  Judge  an  information  against  the  person 
arrested,  as  required  by  section  three  of  this  ordinance. 

Sec.  5.  The  proceedings  had  in  the  Police  Court  of  this 
city  shall  be  conducted  in  the  same  manner  as  is,  or  may  be 
prescribed  by  the  laws  of  the  State  of  Iowa  in  reference  to  trials 
and  examinations  in  criminal  cases  before  Justices  of  the 
Peace;  and  parties  to  suit  in  said  Court,  shall  be  entitled  to 
the  same  rights,  remedies  and  appeals  (except  as  herein 
otherwise  provided),  that  are  or  may  be  provided  by  the  laws 
of  the.  State  of  Iowa  in  criminal  cases  before  Justices  of  the 
Peace;  Provided,  that  a party  shall  not  be  allowed  a change 
of  venue  in  cases  of  a violation  of  the  ordinances  of  this  city. 

Sec.  6.  Any  person  having  been  arrested  by  any  police 
officer  for  a violation  of  any  city  ordinance,  may  be  admitted 
to  bail  by  giving  a bond  to  the  city,  with  security  to  be 
approved  by  the  Mayor,  Police  Judge  or  Marshal,  in  such 
amount  as  they  may  specify,  conditioned  that  he  will  appear 
before  the  Police  Judge  upon  a day  to  be  named  in  the  bond, 
and  answer  to  the  accusation  for  which  he  has  been  arrested, 
and  not  depart  the  court  without  leave.  Said  bond  shall  be 
filed  in  the  office  of  the  Police  Judge,  and  if  the  defendant  fail 
to  appear  according  to  the  conditions  thereof,  the  Police  Judge 
may  enter  judgment  against  the  principals  and  sureties,  for  the 
penalty  of  the  said  bond,  and  all  costs,  and  shall  issue  execu- 
tion, if  not  paid. 

Sec.  T.  a party  who  is  in  custody,  and  cannot  be  tried  on 
account  of  the  absence  of  vdtnesses,  or  other  sufficient  cause, 
may,  in  the  discretion  of  the  Police  Judge,  be  required  to  give 
a bond  for  his  appearance  at  trial,  as  provided  in  section  six  of 
this  ordinance,  and  on  failure  to  do  so,  may  be  confined  in  the 
city  calaboose  till  such  trial;  Provided.^  however,  that  if  such 
continuance  is  had  at  the  instance  of  the  city,  such  person  shall 
not  be  confined  (except  when  Sunday  intervenes),  over  forty- 
eight  hours. 

Sec.  8.  Any  witness  failing  to  appear  after  being  duly 


76 


CITY  ORDINANCES. 


summoned  on  a subpoena  issued  by  the  Police  Judge,  may  be 
compelled  by  attachment  to  attend,  and  shall  be  fined  in  a sum 
not  exceeding  ten  dollars,  for  contempt  of  court,  together  with 
the  costs  of  the  attachment. 

Sec.  9.  A witness  appearing,  who  shall  refuse  to  be  sworn, 
or  who  shall  refuse  to  answer  any  question  deemed  proper  by 
the  court,  not  inconsistent  with  or  exempted  by  the  State  laws, 
and  all  persons  who  shall  conduct  themselves  contemptuously 
toward  the  court,  or  shall  by  noise  or  otherwise,  hinder  or  dis- 
turb the  proceedings  of  the  court  may  be  fined  in  any  sum  not 
exceeding  fifty  dollars  and  costs. 

Sec.  10.  That  whenever  a case  is  tried  by  a jury,  their  ver- 
dict in  all  cases  for  a violation  of  city  ordinances  shall  be  in 
the  following  form:  We,  the  jury,  find  the  defendant  (guilty 

or  not  guilty,  as  the  case  may  be),  of  the  ofiense  charged.” 

Sec.  11.  Whenever  any  person  charged  with  a violation  of 
any  ordinance  of  the  city,  pleads  guilty,  or  upon  trial, 
either  by  the  Police  Judge  or  a jury,  is  found  guilty,  the 
Police  Judge  shall  render  a judgment  that  the  defendant  be 
fined  (according  to  the  nature  of  the  offense  charged,  and  the 
penalty  prescribed  by  tlie  ordinance,  for  the  violation  of  which 
the  defendant  has  been  covicted),  in  a sum  not  exceeding  one 
hundred  dollars,  and  that  the  defendant  be  committed  to  the 
city  calaboose  till  said  fine  and  costs  are  paid;  and  if  the  fine 
and  costs  are  not  paid  at  the  time  of  the  rendition  of  the  judg- 
ment, or  an  appeal  taken,  then  it  shall  be  the  duty  of  the  Police 
fludge  to  issue  a mittimus  committing  said  defendant  to  the 
city  calaboose  (or  if  he  cannot  be  confined  therein,  then  to  the 
jail  of  Linn  County)  till  said  fine  and  costs  are  paid,  or  till  dis- 
charged by  due  course  of  law. 

Sec.  12.  Any  person,  who  in  default  of  the  payment  of  a 
fine  and  costs,  has  been  committed  to  the  city  calaboose,  sliall 
until  payment  thereof,  be  confined  at  the  rate  of  one  day  foi* 
each  twenty-five  cents  of  such  fine  and  costs;  and  any  able- 
bodied  male  person  over  the  age  of  sixteen  years  and  not  ovei- 


CITY  ORDINANCKS. 


7T 


tlie  age  of  fifty  years,  conirnitted  as  aforesaid,  inay,  at  the  dis- 
eretion  of  the  Police  fhidge,  be  compelled  to  lal)or  on  the 
streets  or  other  places,  under  the  direction  of  the  Marshal  and 
Street  Commissioner;  and  any  person  so  performing  said  laboi’ 
upon  the  streets  or  elsewhere,  shall,  in  lieu  of  the  sum  afore- 
said, be  allowed  the  sum  of  one  dollar  and  fifty  cents  per  day 
for  each  day’s  work  that  he  shall  faithfully  perform,  to  be  cred- 
ited upon  the  amount  of  his  tine  and  costs;  and  any  person 
committed  to  the  calaboose  for  the  non-payment  of  fine  and 
costs,  who  is  able  to  work,  and  refuses  when  required  to  do  so, 
shall  be  kept  on  bread  and  water  during  such  refusal  to  work. 

Sec.  13.  That  it  shall  be  the  duty  of  the  Police  Judge  to 
furnish  the  City  Council,  at  its  first  meeting  in  the  months  of 
January,  April,  July  and  October,  and  also  at  the  close  of  his 
official  term,  with  a full  report  of  the  number  of  criminal  cases, 
whether  arising  under  the  ordinances  of  the  city,  or  the  laws 
of  the  State  of  Iowa,  also  the  amount  of  fines  imposed,  and 
those  collected  under  the  city  ordinances;  also  the  number  of 
cases  in  which  judgment  was  rendered  against  the  city,  and 
amount  of  costs  in  each  case  during  the  preceding  quarter; 
and  to  pay  over  to  the  City  Treasurer,  monthly,  on  the  first 
day  of  each  month,  all  moneys  collected  as  fines  and  forfeit- 
ures. 

Sec.  14.  W itnesses  and  jurors  in  the  Police  Court,  shall  be 
entitled  to  the  same  fees  as  are  or  may  be  allowed  under  the 
State  laws  for  attendance  and  services  before  Justices  of  the 
Peace. 

Sec.  15.  The  fees  of  the  Police  Judge  for  services  in  all 
cases  when  the  city  is  plaintiff,  or  for  violation  of  city  ordi- 
nances, shall  be  the  same  as  are  or  may  be  allowed  to  Justices 
of  the  Peace  in  criminal  cases,  under  the  laws  of  the  State  of 
Iowa;  said  fees  to  be  imposed  and  collected  wdth  other  costs, 
from  the  defendant,  in  cases  in  which  judgment  i^  rendered 
against  the  defendant;  and  in  cases  where  judgment  is  render- 
ed against  the  city,  or  the  costs  are  not  paid  by  the  defendant. 


78 


Om*  OliDINANGES. 


the  fees  of  the  Police  Judge  shall  be  paid  out  of  the  City 
Treasury. 

Passed  September  11th,  1874. 

Attest:  A.  B.  HULL, 

J.  0.  Stoddard,  Mayor. 

Recorder. 


ORDmAJ^^CE  NO.  6. 


AN  ORDINANCE  relative  to  the  City  Revenue. 


Sec.  1.  Taxes  levied,  not  to  exceed  one  per  cent,  in  any  one  year. 

2.  Road  Tax. 

3.  Poll  Tax. 

4.  Taxes,  how  assessed ; duty  of  Assessor. 

5.  Penalty  for  failing  to  make  out  list. 

6.  Merchandize,  how  valued. 

7.  Recorder  shall  publish  notice  of  assessment  and  levy. 

8.  Persons  aggrieved  by  taxation  may  appeal  to  Council  within 

thirty  days. 

9.  Taxes,  how  collected. 

10.  On  refusal  or  neglect  to  pay.  Collector  shall  proceed  by  dis- 

tress and  sale. 

11.  Same ; manner  of. 

12.  Penalty  for  resisting  Collector. 

13.  Delinquent,  when,  and  lien  upon  personal  property. 

14.  When  delinquent. 

15.  Penalty  for  non-payment  within  time  prescribed. 

16.  Advertisement  and  sale. 

17.  Certihcate  of  purchase. 

18.  Failure  to  pay  for  purchase.  Collector  shall  sell  again. 

19.  If  no  bid  sufficient  to  satisfy  claim,  to  add  to  tax  of  succeeding 

year. 

20.  Sale  Book  to  contain  list  of  property  sold,  and  not  sold. 

21.  Treasurer  shall  file  in  office  of  Recorder,  notice  of  Tax  Sale, 

lands  sold,  names  of  purchaser,  &c. 

22.  Persons  owning  certificate  may  pay  taxes  thereafter. 

23.  How  property  may  be  redeemed  before  three  years  expire. 

24.  Tfeasurer  to  execute  deed ; when. 

25.  Treasurer  to  make  entry  of  property  conveyed. 

26.  Property  owned  by  city  not  liable  to  tax. 

27.  Taxes  a lien  upon  real  estate ; when. 

28.  Repealing  clause. 


CITT  ORDINAKCKS. 


79 


Sec.  1.  Be  it  ordained  hy  the  City  Cou  ncil  of  the  City  of 
Cedar  Rapids:  That  for  the  purpose  of  defraying  the  current 
expenses  of  the  City  of  Cedar  Kapids,  there  shall  be  levied  by 
the  City  Council,  in  each  year,  upon’  all  the  property  within 
the  city,  which  is  liable  for  State  and  County  Taxes,  and 
including  improvements  upon  such  property,  such  tax  as  the 
City  Council  may,  by  resolution  or  ordinance  determine ; but 
not  to  exceed  one  per  cent.,  during  any  one  year  upon  the 
assessed  value  of  the  property  assessed,  for  the  year  such  tax 
may  be  levied. 

Sec.  2.  There  shall  annually  be  levied  upon  all  the  real 
estate  and  personal  property  in  this  city,  liable  by  law  to  tax- 
ation, a road  tax  equal  in  amount,  in  each  year,  to  the  amount 
which  shall  be  levied  by  the  Board  of  Supervisors  of  Linn 
County,  as  a property  road  tax. 

Sec.  3.  There  shall  annually  be  levied  at  the  same  time 
that  the  tax  on  real  estate  and  personal  property  is  levied,  a poll 
tax  equal  to  two  days  labor,  at  the  rate  that  shall  be  allowed 
for  that  year  by  the  township  Trustees  of  Bapids  Township, 
as  provided  for  in  Section  Xo.  969  of  the  Code  of  1873,  against 
every  able-bodied  male  resident  of  this  city  between  the  ages 
of  twenty-one  (21)  and  fifty  (50)  years. 

Sec.  4.  That  the  City  Assessor  shall,  on  or  before  the  1st 
day  of  June,  in  each  year,  make  out  a list  of  all  the  real  estate 
and  personal  property  liable  to  taxation  in  the  city,  together 
with  an  assessment  thereof,  including  the  improvements  on  . 
real  estate  at  cash  value;  and  such  Assessor  is  hereby  author- 
ized to  administer  an  oath  to  any  person  as  to  the  amount  of 
such  property,  whenever  he  may  deem  it  expedient.  Such 
list  shall  set  forth  the  name  or  names  of  the  owner  or  owners 
of  each  lot  or  parcel  of  ground,  and  the  value  thereof,  inclu- 
ding the  improvements  thereon;  or  if  the  owner  is  not  known, 
such  lot  or  parcel  of  ground  shall  be  described  as  belonging  to 
“ owner  unknown,”  and  shall  express  the  amount  of  personal 


80 


CITY  OKDINANCE8. 


property  by  its  cash  value,  under  seperate  heads,  as  required 
in  the  assessment  for  County  and  State  purposes. 

Sec.  5.  When  any  person  required  by  the  laws  of  the 
State  to  assist  in  making  out  a list  of  his  property,  fails  so  to 
do  from  absence  or  sickness,  and  any  person  required  so  to  do. 
or  to  take  and  subscribe  the  oath  required,  the  Assessor  shall 
ascertain,  according  to  the  best  information  he  can  obtain,  the 
number  and  value  of  the  several  species  of  property  required 
to  be  assessed;  and  any  person  who  shall  refuse  to  assist  in 
making  out  a list  of  his  property  when  required  by  the  Assess- 
or, or  to  subscribe  the  oath  required  by  law,  shall  forfeit  ten 
(10)  dollars  to  be  recovered  in  the  name  and  for  the  use  of  the 
city. 

Sec.  6.  That  in  estimating  the  value  of  property  employed 
in  merchandise,  the  Assessor  shall  adopt  as  a criterion  of  the 
value  thereof,  the  average  value  of  such  property  in  possession 
or  under  the  control  of  any  merchant  during  the  year  next  pre- 
vious to  the  time  of  assessing,  or  if  not  in  business  so  long,  that 
he  shall  take  the  value  of  the  property  at  the  time  of  making  the 
assessment,  and  all  goods  sold  and  capital  employed  by  any 
person  in  business,  shall  be  taxed  to  the  person  selling  and 
doing  buiness  with  the  same. 

Sec.  7.  So  soon  as  the  Assessor  shall  have  completed  the 
tax  list,  he  shall  deliver  the  same  into  the  hands  of  the  City 
Recorder,  who  shall  immediately  publish  a notice  of  assessment 
and  levy  of  the  tax,  and  the  rate  thereof,  in  general  terms, 
without  description  of  the  property,  in  some  newspaper  pub- 
lished in  the  city,  for  thirty  days. 

Sec.  8.  Any  person  aggrieved  by  the  assessment  or 
taxation  of  his  real  or  personal  property,  shall  have  the  right 
to  be  heard  by  the  City  Council  as  to  the  same,  at  any  regular 
meeting  of  the  said  Council,  during  the  said  thirty  (30)  days 
of  the  publication  of  the  tax  list,  and  the  Council  shall  have 
full  power  to  alter  and  correct  such  assessment  or  tax  as  to 
them,  upon  investigation,  may  seem  equitable  and  just;  and  as 


CITY  ORDINANCES. 


81 


soon  as  the  tax  list  shall  have  been  corrected  and  approved, 
and  at  the  expiration  of  the  thirty  days  notice,  the  Mayor  shall 
endorse  upon  each  list  or  roll  the  word  “ approved,”  with  the 
date  of  approval,  signing  the  endorsement  as  Mayor,  upon 
which  approval  and  endorsement  all  taxes  shall  at  once  become 
due  and  liable  to  be  collected. 

Sec.  9.  That  immediately  after  the  approval  and  endorse- 
ment of  the  tax  list,  the  City  Recorder  shall  deliver  them  to  the 
Collector,  taking  from  him  a receipt  therefor,  specifying  the 
amount  due  thereon,  and  the  Collector  shall,  upon  receiving 
such  tax  list,  proceed  to  collect  the  same  forthwith,  giving  to 
each  person,  who  shall  pay  his  taxes,  a receipt,  which  shall 
express  the  tax  and  amount  paid,  and  mark  the  word  ‘‘paid  ” 
on  said  list  against  the  name  of  every  person  or  unknown 
owner  upon  whose  property  the  tax  is  paid. 

Sec.  10.  That  if  any  person  shall  neglect  to  pay  his  or  her 
tax,  after  the  same  shall  have  become  liable  to  be  collected, 
and  after  demanded  by  the  Collector,  the  Collector  shall  pro- 
ceed to  levy  and  collect  the  same  by  distress  and  sale  of  any 
personal  property  liable  to  taxation,  with  the  same  notice  and 
proceedings  as  the  law  of  the  State  may  require  of  constables 
in  cases  of  sale  of  personal  property  on  execution. 

Sec.  11.  Where  the  Collector  distrains  goods  or  personal 
property,  he  may  keep  the  same  at  the  expense  of  the  owner, 
and  shall  give  notice  of  the  time  and  place  of  sale  within  five 
days  after  the  taking,  as  provided  for  in  the  preceding  section, 
but  he  may  adjourn  the  sale  from  time  to  time,  not  exceeding 
five  days  each  time,  and  shall  adjourn  at  least  once  when  there 
are  no  bidders,  and  in  case  of  an  adjournment,  he  shall  put  up 
a notice  thereof  at  the  place  of  sale.  Any  surplus  remaining 
when  the  taxes,  interest,  charges  of  keeping  and  fees  for  sale 
are  paid,  shall  be  returned  to  the  owner,  and  the  Collector 
shall,  on  demand,  render  an  account  in  writing  of  the  sale  and 
charges. 

Sec.  12.  [f  the  Collector  be  resisted  or  impeded  in  the 


82 


CITY  ORDINANCES. 


execution  of  his  office,  he  may  require  any  suitable  person  to 
assist  him  therein;  and  if  such  person  refuses  the  aid,  he  shall 
forfeit  the  sum  of  ten  (10)  dollars,  to  be  recovered  in  a civil 
action  in  the  name  of  the  city  of  Cedar  Rapids,  and  the  person 
resisting  shall  be  deemed  guilty  of  a misdemeanor,  and  shall 
be  liable,  as  in  cases  of  resisting  any  of  the  city  officers,  as  pro- 
vided in  Section  24  of  the  Ordinance  14o.  7 of  this  city. 

Sec.  13.  On  the  first  day  of  February  in  each  year,  unpaid 
taxes,  of  whatever  description,  for  the  preceding ' year,  shall 
become  delinquent,  and  taxes  upon  real  property  are  hereby 
made  a perpetual  lien  thereon  against  all  persons  except  the 
United  States  and  the  State  of  Iowa;  and  taxes  due  from  any  per- 
son upon  personal  property  shall  he  a lien  upon  any  real  prop- 
erty owned  by  such  person,  or  to  which  he  or  she  may  acquire 
title. 

Sec.  14.  All  real  estate  in  this  city,  upon  which  any  taxes 
shall  remain  unpaid  and  delinquent  on  the  first  day  of  Febru- 
ary in  each  year,  shall  be  sold  for  the  payment  of  taxes  un- 
paid at  the  time  of  sale. 

Sec.  15.  The  Treasurer  shall  continue  to  receive  taxes  after 
they  have  become  delinquent,  until  collected  by  distress  and 
sale;  but  if  they  are  not  paid  before  the  first  day  of  March,  he 
shall  collect  in  addition  to  the  tax,  of  each  tax-payer  so  delin- 
quent, as  a penalty  for  non-payment,  at  tlie  rate  of  one  per 
cent,  a month  on  the  amount  of  tax  for  the  first  three  months, 
and  two  per  cent,  a month  thereafter  until  said  tax  is  paid  or 
the  property  taxed  shall  be  sold  as  hereinafter  provided.  And 
when  any  lot,  out  lot  or  parcel  of  land  shall  have  been  advertised 
for  sale,  twenty-five  cents  additional  shall  be  charged  and  col- 
lected for  the  advertisement  of  any  such  lot,  out  lot  or  parcel 
of  land  or  any  portion  thereof 

Sec.  16.  On  tlie  first  Monday  in  June  in  each  year  here- 
after, the  Treasurer  is  required  to  ofier  at  public  sale,  at  the 
City  Hall,  in  said  city,  all  lands,  town  lots,  or  other  real  prop- 
erty on  which  taxes  of  any  description  for  the  preceding  year 


CITY  ORDINANCES. 


83 


or  years  shall  have  been  delinquent  and  remain  due  and 
unpaid,  and  such  sale  shall  be  made  for  and  in  payment  of 
the  total  amount  of  taxes,  interests  and  costs  due  and  unpaid 
on  such  real  property.  The  Treasurer  is  required  to  give 
notice  of  the  sale,  b}^  publishing  an  advertisement  thereof  in 
some  newspaper  printed  in  the  city  of  Cedar  Rapids,  and  by 
posting  up  a copy  of  said  notice  on  the  door  of  the  City  Hall, 
at  least  four  weeks  before  the  day  of  sale,  which  publication  is 
required  to  be  made  once  in  each  week  for  three  successive 
weeks,  the  last  of  which  publications  is  required  to  be  at  least 
three  weeks  prior  to  the  day  of  sale.  Such  advertisement  shall 
state  the  time  and  place  of  sale,  and  contain  a description  of 
the  several  pieces  of  real  property  to  be  sold,  as  the  same  are 
recorded  on  the  tax  list,  the  amount  of  taxes  for  each  year,  and 
the  amount  of  interest  and  costs  against  each  tract  and  the 
names  of  owners  when  known,  or  persons  if  any  to  whom 
taxed.  The  Treasurer  is  directed  to  charge  and  collect,  in 
addition  to  the  taxes  and  interest,  the  sum  of  twenty-five  cents 
on  each  tract  of  real  property  advertised  for  sale.  Such  sale 
shall  take  place  between  the  hours  of  9 o’clock  in  the  forenoon 
and  5 o’clock  in  the  afternoon,  and  may  be  adjourned  from 
day  to  day,  (Sundays  excepted),  not  exceeding  10  days  at  any 
one  time,  until  all  the  real  estate  is  sold,  Due  notice  of  the 
time  to  which  the  adjournment  is  made  shall  be  given  at  the 
time  of  adjournment,  and  also  by  keeping  a notice  thereof 
posted  up  in  a conspicuous  place  in  the  City  Hall.  On  the 
day  fixed  for  re-opening  the  sale,  proceedings  shall  be  had  as 
provided  for  the  sales  at  the  commencement  thereof. 

Sec.  17.  The  Collector  shall  proceed  at  the  time  and  place 
of  sale,  and  on  the  day  specified  in  said  notice,  to  sell  said  real 
estate  at  public  auction  to  the  highest  bidders,  or  so  much 
thereof  as  will  pay  the  taxes  and  the  interest  at  the  rate  of 
twenty-five  per  cent,  per  annum  from  the  time  the  same  be- 
came liable  to  be  collected,  with  costs  of  such  sale  assessed 
thereon,  together  with  the  sum  of  twenty-five  cents  for  advertis- 


84 


CITY  OEDINANCES. 


ing  the  same  as  hereinbefore  provided ; and  at  said  sale,  he  who 
bids  the  amount  due  for  the  least  quantity  of  the  lot,  out  lot, 
or  parcel  of  land,  will  be  the  purchaser,  and  the  manner  of 
ascertaining  the  portion  of  lot,  out  lot,  or  parcel  of  land  bid 
for,  shall  be  the  same  as  provided  in  the  State  Revenue  Law, 
and  the  Collector  shall  execute  and  deliver  to  the  purchaser, 
on  receipt  of  the  sum  bid,  and  the  further  sum  of  fifteen  cents 
and  the  cost  of  revenue  stamp,  when  required  by  law,  a certif- 
icate of  purchase  similar  to  and  having  like  effect  as  a certifi- 
cate of  sale  of  real  estate  for  taxes  executed  in  like  case  by  the 
County  Treasurer. 

Sec.  18.  If  the  purchaser  of  any  lot,  out  lot,  or  parcel  of 
land,  fails  forthwith  to  pay  the  Treasurer  the  amount  of  taxes, 
interest,  costs  and  charges  on  the  same,  the  said  lot,  out  lot, 
or  parcel  of  land,  shall  at  once  again  be  offered  for  sale  in  the 
same  manner  as  if  no  such  sale  had  been  made.  The  payment 
at  such  sale  may  be  made  in  the  same  I'unds  receivable  by  law 
by  the  County  Treasurer,  in  receiving  payment  of  taxes. 

Sec.  19.  Whenever  the  Collector  shall  offer  for  sale  any 
lots,  or  parcels  of  land,  for  the  payment  of  delinquent  taxes, 
and  no  person  shall  bid  for  the  same,  or  not  enough  to  satisfy 
the  claim  thereon,  he  shall  not  again  offer  the  same  for  sale  at 
the  then  annual  tax  sale,  (unless  requested  by  some  who  wish- 
ed to  bid  on  the  same  or  a part  thereof,  for  the  whole  amount 
due  against  it,)  and  it  shall  be  the  duty  of  the  Assessor  the 
next  succeeding  year,  when  making  the  levy  of  taxes  for  the 
then  current  year,  to  add  to  the  tax  then  being  levied  on  such 
lots,  parcels  of  lots,  out  lots,  or  parcel  of  land,  the  amount  of 
delinquent  tax  of  the  preceding  year,  with  interest  and  costs 
then  due  on  the  same,  as  hereinbefore  provided,  and  it  shall 
be  collected  with  the  taxes  due  for  such  year;  and  should  the 
tax  continue  delinquent  and  unpaid  until  the  next  annual  tax 
sale,  and  no  one  bid  for  such  lots,  parcel  of  lot,  out  lot,  or  par- 
cel of  land,  then  it  shall  be  the  duty  of  theCollector  to  strike  the 
same  off’  to  the  city  of  Cedar  Rapids,  for  the  amount  required. 


CIITT  ORDINANCES. 


85 


and  shall  execute  to  the  city  a certificate,  similar  and  of  like 
effect  as  those  executed  to  any  other  person  or  purchaser. 

Sec.  20.  When  the  Collector  has  concluded  the  sales  of 
real  estate  of  each  year,  he  shall  enter  in  a book  kept  for  that 
purpose,  a complete  list  of  such  sales  with  a description  of  the 
lot,  out  lot,  or  any  parcel  of  land  thereof  sold,  the  name  of  the 
purchaser,  the  amount  for  which  the  same  was  sold;  he  shall 
also  make  a correct  list  of  any  lot,  out  lot,  or  parcel  of  lands 
not  sold,  and  a correct  list  of  any  and  every  lot,  out  lot,  or  par- 
cel of  land  or  any  part  thereof,  sold  to  the  city  as  hereinbefore 
provided.  * 

Sec.  21.  The  Treasurer  shall,  on  or  before  the  1st  of 
August  of  each  year,  file  in  the  office  of  the  Recorder  of  the 
City  Council,  a copy  of  the  notice  of  such  tax  sale  published 
in  one  of  the  newspapers  aforesaid,  with  a certificate  verified 
under  oath,  that  said  list  was  published  as  the  city  ordinance 
requires;  also  a list  of  the  lots  or  parcels  of  land  sold,  the 
names  of  the  purchasers  and  the  sums  paid  by  them,  together 
with  a due  return  of  the  whole  sale;  and  the  Recorder  shall 
copy,  or  cause  to  be  copied,  into  the  record  of  the  tax  sales,  so 
much  of  the  return  of  the  Treasurer  as  will  show  the  time  of 
the  sale,  a description  of  the  real  estate  and  the  amount  of  the 
taxes  and  costs  for  w’'hich  the  same  was  sold,  and  the  names  of 
the  purchasers  thereof. 

Sec.  22.  Any  person  ovming  the  certificate  of  purchase  of 
any  lot,  part  of  lot,  out  lot,  or  parcel  of  land,  at  any  such  tax 
sale,  may^pay  the  taxes  due  on  the  real  property  described  in  such 
certificate,  of  any  future  year  after  the  same  shall  have  become 
delinquent,  by  paying  all  taxes  against  the  same  with  interest, 
costs  and  charges,  as  required  by  this  ordinance. 

Sec.  23.  Real  property  sold  under  the  provisions  of  this 
act  may  be  redeemed  at  any  time  before  the  expiration  of 
three  years  from  the  date  of  the  sale,  by  the  payment  to  the 
City  Treasurer  of  the  amount  for  which  the  same  ’was  sold, 
and  twenty  per  centum  of  such  amount  immediately  added  as 


86 


CITY  OKDINANCES. 


a penalty,  with  ten  per  cent,  interest  per  annum  on  the  whole 
amount  thus  made  from  the  day  of  sale,  and  also  the  amount 
of  all  taxes,  interests  and  costs  paid  for  any  subsequent  year 
or  years,  and  a similar  penalty  of  twenty  per  centum  added  as 
before  on  the  amount  'of  the  payment  for  each  subsequent 
year,  with  ten  per  cent,  interest  per  annum  on  the  whole  of 
such  amount  or  amounts  from  the  day  or  days  of  payment  ;unless 
such  subsequent  taxes  shall  have  been  paid  by  the  person  for 
whose  benefit  the  redemption  was  made,  which  fact  may  be 
shown  by  the  Treasurer’s  receipt;  and  provided  further,  that 
such  penalty  for  the  non-payment  of  the  taxes  of  any  such 
subsequent  year  or  years,  shall  not  attach,  unless  such  subse- 
quent tax  or  taxes  shall  have  remained  unpaid  until  the  first 
day  of  March  after  they  have  become  due,  so  as  to  have  become 
delinquent. 

Sec.  24.  After  the  expiration  of  three  years  from  the  day 
of  sale  of  any  lot,  out  lot,  parcel  of  land,  or  any  portion  thereof, 
as  aforesaid,  which  may  have  been  sold,  and  a certificate  of 
purchase  given  therefor,  the  holder  of  such  certificate,  on  pre- 
sentation of  the  same  to  the  Treasurer,  and  on  proof  of  the 
right  of  such  holder  to  receive  a deed  therefor,  the  Treasurer 
shall  execute  and  deliver  to  such  person  a deed  of  the  premises 
in  said  certificate  described,  which  deed  shall  be  similar  in 
form  and  substance  as  like  deeds  made  in  such  cases  by  the 
County  Treasurer,  and  for  wliich  deed  the  Treasurer  shall  be 
entitled  to  receive,  at  the  time  of  delivery,  the  sum  of 
fifty  cents  and  the  costs  of  the  revenue  stamp,  if  any  is  requir- 
ed, which  deed  shall  convey  the  title  and  be  of  like  effect  as 
deeds  made  by  the  County  Treasurer  as  approved  by  law. 

Sec.  25.  The  Treasurer  shall  make  an  entry  in  a sale  book, 
provided  for  that  purpose,  of  the  lot,  out  lot,  or  parcel  of  land, 
or  any  portion  thereof  which  he  may  convey  by  deed  as  above 
provided. 

Sec.  26.  Any  and  all  real  or  personal  property  owned  by 
the  city,  whether  obtained  by  purchase  at  tax  sale  or  other- 


CITY  ORDINANCES. 


87 


wise,  shall  not  in  any  manner  be  liable  to  taxation  under  this 
or  any  other  ordinance,  as  long  as  the  same  is  owned  by  the 
city. 

Sec.  27.  All  taxes  upon  real  estate  provided  for  by  this  or 
any  other  ordinance  passed  or  to  be  passed  by  the  City  Coun- 
cil, shall,  as  between  vendor  and  jmrchaser,  become  a lien  upon 
such  real  estate  on  and  after  the  first  day  of  ^7ovember  in  each 
year,  and  on  personal  property  on  and  after  the  first  day  of 
June  in  each  year. 

Sec.  28.  Any  and  all  ordinances,  or  any  part  thereof,  con- 
flicting with  this  ordinance,  are  hereby  repealed. 

Passed  June  20th,  1868. 

Attest:  J.  P.  COULTEP, 

D.  A.  Bradley,  Mayor. 

Pecorder. 


OPDIISTAXCE  P'0.  7. 


AN  OEDINANCE  defining  and  punishing  misdemeanors. 


Sec.  1.  Unlawful  assemblage  of  persons. 

2.  Disturbing  the  peace. 

3.  Disturbing  congregation  or  lawful  assemblage  of  people. 

4.  Same. 

5.  False  alarm  of  fire. 

6.  No  person  shall  appear  in  nude  condition  or  improper  dress. 

7.  Bathing  in  Cedar  Eiver  between  certain  hours. 

8.  Penalty  for  indecently  exhibiting  male  animals ; fine  a lien. 

9.  Keeping  gambling  room,  or  set  up  gambling  device. 

10.  Keeping  bawdy  house,  or  house  of  ill-fame. 

11.  Eiding  or  driving  beyond  a moderate  gait. 

12.  In  case  of  persons  meeting,  turn  to  the  right. 

13.  Driving  on  side-walk,  or  hitching  to  fence  or  tree. 

14.  Digging  vault,  or  area,  and  leaving  open. 


88 


CITY  ORDINANCES. 


15.  Construction  of  gutters  and  water  pipes. 

16.  Leaving  open  cellar  door  or  vault. 

17.  Obstructing  streets. 

18.  Placing  cord  wood,  &c.,  on  side  walks  and  streets,  &c. 

19.  Placing  filth  or  trash  on  any  public  place. 

20.  Removing  sand,  earth  or  stone  from  streets,  alleys,  &c. 

21.  Placing  coal,  firewood,  &c.,  on  sidewalk  prohibited. 

22.  Injuring  trees,  posts,  fences,  &c. 

2.S.  Defacing,  tearing  dov/n  or  destroying  ordinances  or  notices. 

24.  Falsely  representing  to  be  an  officer. 

25.  Permitting  quarreling,  fighting,  &c.,  in  any  house  or  premises. 

26.  Desecration  of  the  Sabbath. 

27.  Vagrant,  mendicant,  beggar,  gambler,  or  common  prostitute. 

28.  Drunkenness. 

29.  Destroying  gaming  devices. 

30.  Keeping  gambling  house  or  place. 

31.  Persons  found  in  brothel  or  house  of  ill-fame. 

32.  Ko  person  shall  vend  poison,  &c. 

33.  Flying  kites,  rolling  hoops,  &c. 

34.  Persons  collecting  on  sidewalks. 

•35.  Throwing  missiles. 

36.  Conviction  and  prosecution,  fine  and  imprisonment. 

37.  Obstruction  of  sidewalk  in  case  of  importation,  and  removal 

of  goods. 

38.  Fines,  cost  and  imprisonment. 

39.  Repealing  clause. 


Sec.  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of 
Cedar  Rajpids:  That  any  three  or  more  persons  who  shall 

in  this  city  assemble  together  with  an  intent,  or  being  assem- 
bled, shall  mutually  agree  to  do  an  unlawful  act  with  force  or 
violence  against  the  property  of  this  city,  or  the  person  or 
property  of  another,  or  against  the  peace  or  to  the  terror  of 
others,  or  shall  make  preparation  or  movement  therefor;  and 
every  person  present  at  such  meeting  or  assembly,  who  shall 
not  endeavor  to  prevent  the  commission  or  preparation  of  such 
an  unlawful  act,  shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  2.  Whoever  shall  in  this  city,  wilfully  disturb  the 
peace  of  others  by  violent,  tumultuous,  offensive  or  obstrepe- 
rous conduct  or  carriage,  or  by  loud  or  unusual  noises,  or  by 
unseemly,  profane,  obscene,  or  offensive  language  calculated  to 
provoke  a breach  of  the  peace,  or  by  assaulting,  striking,  or 
fighting  another;  and  whoever  shall  in  this  city  permit  any 
such  conduct  in  or  about  a house  owned  or  possessed  by  him, 
or  under  his  management  and  control,  so  that  others  in  the 


CITY  OKDmANCES. 


89 


vicinity  are  disturbed  thereby,  shall  be  deemed  guilty  of  a 
misdemeanor. 

Sec.  3.  Whoever  shall  in  this  city  disquiet  or  disturb  any 
congregation  or  assembly  met  for  religious  worship,  by  mak- 
ing a noise,  or  by  rude  and  indecent  behavior,  or  profane  dis- 
course within  their  place  of  worship,  or  so  near  the  same  as 
to  disturb  the  order  or  solemnity  of  the  meeting,  shall  be 
deemed  guilty  of  a misdemeanor. 

Sec.  4.  Whoever  shall  in  this  city  disturb  any  lawful 
assemblage  of  people,  by  rude  and  indecent  behavior,  or  other- 
wise, shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  5.  Whoever  shall  in  this  city  wilfully  give  a false 
alarm  of  fire,  shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  6.  Whoever  shall  in  this  city  appear  on  any  public  place 
in  a state  of  nudity,  or  in  a dress  not  belonging  to  his  or  her 
sex,  or  in  any  indecent  or  lewd  dress,  or  shall  make  any  inde- 
cent exposure  of  his  or  her  person,  or  be  guilty  of  any  indecent 
or  lewd  act,  or  behavior,  or  shall  exhibit  or  sell,  or  offer  to  sell, 
any  indecent  or  lewd  book,  picture  or  thing,  or  shall  exhibit  or 
perform  any  indecent,  immoral  or  lewd  play  or  other  repre- 
sentation, shall  be  deemed  guilty  of  misdemeanor. 

Sec.  T.  Whoever  shall  bathe,  wash,  or  swim  in  the  Cedar 
Kiver,  or  in  any  other  water  course,  pond,  or  pool  in  this  city, 
between  one  hour  before  sun  rise  and  one  hour  after  sun  set, 
being  naked,  or  insufiiciently  clothed  to  prevent  improper 
exposure  of  his  or  her  person,  shall  be  deemed  guilty  of  a 
misdemeanor. 

Sec.  8.  Whoever  shall  in  this  city  indecently  exhibit,  or 
cause  to  be  so  exhibited,  any  stallion,  jackass,  or  bull,  shall  be 
deemed  guilty  of  a misdemeanor;  and  all  judgments  against 
offenders  under  this  section,  shall  operate  as  liens  upon  the 
animals  exhibited,  for  the  amount  of  fine  and  costs. 

Sec.  9.  Whoever  in  this  city  shall  keep  any  gambling 
room,  or  set  up  or  keep  any  gambling  table,  or  gambling 
device,  in  or  at  which  any  game  of  chance  shall  be  played  for 


90 


CITZ  ORDINANCES. 


money  or  property,  or  shall  at  any  such  table  or  device,  or  at 
any  game  of  chance,  bet,  win,  or  lose  any  money  or  property, 
or  by  means  of  anything  representing  the  same,  or  suffer  the 
same  to  be  done  in  or  about  his  premises,  or  shall  suffer  any 
such  gambling  room  to  be  kept  in  any  tenement  in  his  posses- 
sion or  under  his  control,  or  shall  suffer  any  such  table  or 
device  at  which  any  game  of  chance  is  played,  to  be  set  up  or 
used  in  any  tenement  in  his  possession  or  under  his  control, 
shall  be  deemed  guilty  of  a misdemeanor,  and  shall,  upon  con- 
viction, be  fined  not  less  than  fifty  dollars,  and  it  shall  be  the 
duty  of  the  Mayor,  on  receiving  satisfactory  information  of 
any  such  table  or  device  being  so  set  up  and  used,  to  issue  his 
warrant  to  the  City  Marshal,  commanding  him  to  destroy  the 
same,  which  warrant  shall  be  immediately  executed. 

Sec.  10.  Whoever  shall  in  this  city  keep  a bawdy  house, 
house  of  ill-fame,  or  assignation,  or  shall  permit  any  tenement 
in  his  possession,  or  under  his  control,  to  be  used  for  any  such 
purposes,  shall  be  deemed  guilty  of  a misdemeanor,  and  on 
conviction  thereof,  be  fined  not  less  than  fifty  dollars. 

Sec.  11.  Whoever  shall  in  this  city,  ride  or  drive  any 
beast  of  burden  in  any  highway,  thoroughfare,  or  public  place, 
quicker  than  beyond  a moderate  gait,  unless  in  case  of  urgent 
necessity,  or  shall  ride  or  drive  any  such  animal  so  as  to  cause 
such  animal  or  vehicle  attached  thereto,  to  come  in  contact  or 
in  collision  with,  or  strike  any  other  object  or  person,  or  shall 
leave  any  such  animal  standing  in  any  public  place  without 
being  fastened,  or  so  guarded  as  to  prevent  its  running  away, 
or  shall  turn  any  such  animal  loose  in  any  such  thoroughfare, 
or  shall  inhumanly,  unnecessarily  or  cruelly  beat,  injure  or 
otherwise  abuse  any  dumb  animal,  shall  be  deemed  guilty  of 
a misdemeanor. 

Sec.  12.  In  all  cases  of  persons  meeting  each  other  in 
vehicles  in  any  highway  or  thoroughfare  in  this  city,  each  per- 
son so  meeting  shall  turn  ofi*  and  go  to  the  right  side  of  such 
highway  or  thoroughfare,  so  as  to  enable  such  vehicles  to  pass 


CITY  ORDINANCES. 


91 


each  other  without  accident;  whoever  shall  violate  this  section, 
shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  13.  Whoever  shall  in  this  city,  lead,  drive,  ride,  or 
place  any  beast  of  burden,  or  vehicle,  on  any  sidewalk  or  foot 
way,  otherwise  than  going  in  or  out  of  premises  owned  or 
occupied  by  him  or  his  employer,  or  shall  hitch  or  fasten  any 
animal  to  any  fence,  or  shade  or  ornamental  tree,  lamp  post  or 
awning  post,  or  shall  hitch  or  fasten  any  animal  to  any  fence, 
boxing,  or  other  protection  around  any  such  shade  or  orna- 
mental tree,  not  belonging  to  him  or  his  employer,  shall  be 
deemed  guilty  of  a misdemeanor. 

Sec.  14.  Whoever  shall  in  this  city,  dig,  or  cause  to  be 
dug,  a vault  in  any  highway,  thoroughfare,  or  sidewalk,  and 
shall  not  arch  or  cover  the  same  over,  and  secure  the  grating 
or  covering  of  the  opening  thereof  in  such  a manner  as  to  pre- 
vent persons,  animals  and  vehicles  from  falling  therein,  shall 
be  deemed  guilty  of  a misdemeanor. 

Sec.  15.  Whoever  owning  or  occupying  any  building  in 
this  city,  shall  not  cause  the  pipes  conducting  the  water  from 
the  eaves  of  the  building,  to  be  so  constructed  as  not  to  spread 
the  water  over  the  sidewalks,  shall  be  deemed  guilty  of  a mis- 
demeanor. 

Sec.  16.  Whoever  in  this  city  shall  keep,  or  leave  open 
any  cellar  door,  or  grating,  or  covering  of  any  vault,  on  any 
highway,  thoroughfare,  or  sidewalk,  or  shall  suffer  any  such 
door,  grating,  or  covering,  belonging  to  premises  occupied  by 
him  in  any  such  place,  to  be  in  an  insecure  condition  whereby 
passengers  may  be  in  danger  of  falling  into  a cellar,  vault, 
area  or  other  place,  shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  it.  Whoever  shall  in  this  city,  in  any  way  obstruct  any 
street,  lane,  alley,  road,  or  thoroughfare,by  placing  therein  any 
stone,  manure,  or  other  thing,  so  as  to  render  the  traveling  on 
said  place  impassable,  or  difficult,  or  dangerous,  or  whoever 
shall  in  this  city,  obstruct  any  sidewalk,  alley,  or  public  square, 
by  placing,  or  causing  to  be  placed  thereon,  any  cordwood. 


92 


CITY  ORDINANCES. 


timber,  lumber,  or  stone,  or  any  other  species  of  property  or 
thing,  shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  18.  Whoever  shall  in  this  city,  place,  or  cause  to  be 
placed,  on  any  of  the  streets,  alleys,. sidewalks,  or  public  squares, 
any  cordwood,  timber,  lumber,  stone,  or  any  other  species  of 
property  or  thing,  and  shall  suffer  the  same  to  remain  more 
than  twenty-four  hours  after  being  notified  by  the  Marshal  to 
remove  the  same,  shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  19.  Whoever  shall  in  this  city,  place,  or  cause  to  be 
placed  upon  any  of  the  public  streets,  alleys,  sidewalks, 
squares,  or  thoroughfares,  or  upon  the  premises  of  any  other 
person,  or  upon  any  vacant  lot,  any  filth,  carrion,  trash,  or 
any  nuisance  of  any  kind,  shall  be  deemed  guilty  of  a misde- 
meanor. 

Sec.  20.  Whoever  shall  in  this  city,  remove  any  sand, 
earth,  stone,  or  rock,  tree,  or  shrub,  from  any  of  the  streets, 
alleys,  sidewalks,  or. thoroughfares,  or  from  any  public  square, 
or  lot,  or  ground  belonging  to  said  city,  or  to  any  other  per- 
son, without  permission  from  the  City  Council,  or  such  other 
person,  shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  21.  Whoever  shall  in  this  city  cast,  throw,  or  place 
upon  any  sidewalk,  any  stone,  coal,  firewood,  or  other  material, 
or  permit  to  be  sawed,  any  firewood  upon  any  sidewalk,  shall 
be  guilty  of  a misdemeanor. 

Sec.  22. . Whoever  shall  in  this  city  wilfully  cut,  hack,  or 
otherwise  injure  any  lamp  post,  awning  post,  ornamental  or 
shade  tree  railing,  fence,  or  other  enclosure,  or  any  property 
not  belonging  to  him,  shall  be  deemed  guilty  of  a misde- 
meanor. 

Sec.  23.  Wlioever  shall  in  this  city,  deface,  obliterate,  tear 
down,  or  destroy,  in  whole  or  in  part,  any  ordinance,  adver- 
tisement, or  notice  posted  up  by  order  of  the  City  Council,  or 
by  any  of  the  officers  of  the  city,  shall  be  deemed  guilty  of  a 
misdemeanor. 

Sec.  24.  Whoever  shall  in  this  city  falsely  represent  him- 


CITY  ORDINANCES. 


93 


self  to  be  an  officer  of  this  city,  or  shall,  without  being  duly 
authorized  by  the  city,  exercise  or  attempt  to  exercise  any  of 
the  duties,  functions,  or  powers  of  a city  officer,  or  shall  ob- 
struct hinder  or  resist,  oi'  otherwise  interfere  with  any  city 
officer,  in  the  execution  of  his  duties,  shall  be  deemed  guilty 
of  a misdemeanor. 

Sec.  25.  Whoever  shall  in  this  city  suffer  or  permit  any 
hallooing,  quarreling,  fighting,  profane  or  obscene  language,' 
or  conduct,  or  any  unusual  noise,  or  affray,  in  any  house  or 
upon  any  premises  owned,  occupied,  possessed  or  controled  by 
him,  in  such  manner  as  to  disturb  the  neighborhood  or  per- 
sons passing  along  the  streets,  shall  be  deemed  guilty  of  a mis- 
demeanor. 

Sec.  26.  Whoever  shall  in  this  city,  on  Sunday,  sell,  show- 
fbrth,  or  expose  to  sale,  any  kind  of  goods,  wares,  or  merchan- 
dise, wines,  malt  or  sjDirituous  liquors,  or  chattels  of  any  kind, 
or  shall  open  any  store,  grocery,  recess,  room,  apartment, 
saloon,  or  shop,  for  the  sale  of  malt  or  spirituous  liquors,  or  any 
other  commodity,  or  shall  allow  persons  to  congregate  therein, 
on  any  such  day  for  the  purchase  or  use  of  any  such  wine, 
malt  or  spirituous  liquors,  or  any  other  beverage  or  commod- 
ity whatever,  or  for  any  purpose  by  which  the  Sabbath  shall 
be  desecrated,  or  the  public  peace  in  any  manner  disturbed,  or 
for  the  purpose  of  playing  any  game  of  chance,  at  cards  or 
dice,  or  any  games  by  which  money,  or  property,  or  anything 
of  value  may  be  lost  or  won,  shall  be  guilty  of  a misdemeafior ; 
Promded^  it  shall  be  lawful  for  druggists  to  sell  medicines  at 
all  hours,  and  for  dealers  in  bread,  milk,  or  ice,  to  sell  these 
articles  before  nine  o’clock  in  the  morning  and  after  four 
o’clock  in  the  evening;  ^provided  further,  excepting  cases 
of  necessity  and  charity,  and  as  to  persons  observing  the  sev- 
enth day  of  the  week. 

Sec.  27.  Every  person  found  in  this  city,  being  a vagrant, 
mendicant,  street  beggar,  gambler,  or  common  prostitute,  shall, 
upon  conviction,  be  deemed  guilty  of  a misdemeanor*. 


94 


CITY  0KDIITANGE8. 


Sec.  28.  Any  person  found  drunk  or  intoxicated  in  any 
private  house  or  place  in  this  city,  to  the  annoyance  of  any 
citizen  or  person,  shall  he  deemed  guilty  of  a misdemeanor. 

Sec.  29.  The  Mayor,  Marshal,  or  Policemen  of  this  city, 
may  seize,  or  direct  to  be  seized,  any  instrument,  device  or 
thing,  used  for  the  purpose  of  gaming,  or  by,  on,  or  with 
which,  money  or  other  articles  of  value  may  be  lost  or  won, 
and  all  such  instruments,  devices,  or  things,  may  be  destroyed 
under  the  direction  of  the  Mayor. 

Sec.  30.  If  any  owner  or  keeper,  or  any  other  person  with- 
in any  gambling  house,  room  or  place,  or  any  house  of  ill -fame 
within  this  city,  shall  refuse  to  permit  the  Mayor,  Marshal,  or 
City  Policeman,  to  enter  the  same,  they  shall  be  deemed  guilty  of 
a misdemeanor,  and  it. shall  be  lawful  for  the  Mayor,  Marshal, 
or  City  Policeman  to  enter  the  ' same,  or  cause  the  same 
to  be  entered  by  force  by  breaking  the  door  or  other- 
wise, and  to  arrest  with  or  without  warrant,  all  suspicious 
persons  found  therein. 

Sec.  31.  Any  person  who  shall  be  found  in  any  brothel  or 
house  of  ill-fame,  shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  32.  Ho  person  shall  vend,  give  or  deliver,  within  this 
city,  any  deadly  knowing  the  same  to  be  such,  with- 

out marking  the  same  in  legible  characters,  ^^Poison^^’’  and 
any  person  who  shall  bring  into  this  city,  or  being  in  the  city, 
shall  sell,  or  expose,  or  offer  for  sale,  any  unclean  or  unwhole- 
some food,  such  as  butter,  or  meat,  or  anything  used  as  food 
in  whole  or  in  part ; any  person  violating  this  section  shall  be 
deemed  guilty  of  a misdemeanor. 

Sec.  33.  Any  person  who  shall  fly  any  kites,  or  roll  any 
hoops,  or  shall  participate  in  any  sjDort,  or  exercise,  on  any 
street,  alley,  or  avenue  in  this  city,  devoted  to  business,  or  on 
which  there  is  much  travel,  likely  to  frighten  horses,  injure 
any  persons,  or  embarrass  the  free  passage  of  vehicles  on  any 
such  places,  shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  34  Ho  group  or  company  of  men,  or  boys,  shall  col- 


CITT  ORDINAITCES. 


95 


lect  together  on  any  sidewalk,  so  as  to  obstruct  the  free  pas- 
sage thereon,  and  it  shall  be  the  duty  of  the  owner  or  occupant 
of  such  premises,  and  the  officers  of  the  city  to  disperse  such 
gathering,  and  any  person  or  persons,  who  shall  neglect 
or  refuse  to  disperse  at  the  request  or  command  of  such  owner 
or  occupant,  or  of  the  Mayor,  Marshal,  or  Policeman,  shall  be 
deemed  guilty  of  a misdemeanor. 

Sec.  35.  Whoever  shall  wdlfully  or  carelessly  throw  any 
stone,  or  stick,  or  other  missile,  whereby  any  person  may  be, 
or  shall  be  hit  or  hurt,  or  any  wdndow  broken,  or  other  prop- 
erty injured,  shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  36.  Whoever  shall  be  convicted  of  a misdemeanor, 
under  any  of  the  provisions  of  this  ordinance,  in  a case  where 
no  specified  penalty  is  prescribed,  shall  be  fined  not  less  than 
one,  nor  more  than  one  hundred  dollars,  and  the  person  so 
fined,  shall  be  imprisoned  as  provided  by  Ordinance  l^o.  5, 
until  the  fine  and  costs  of  prosecution  are  paid,  unless  otherwise 
ordered  by  the  City  Council,  and  it  shall  be  the  duty  of  the 
court  or  magistrate  before  wffiom  such  ofiender  is  convicted, 
to  enter  as  a part  of  the  judgment,  an  order,  that  the  person 
so  fined  be  committed  to  said  jail  until  the  fine  and  costs 
are  paid,  but  the  imprisonment  shall  not  exceed  thirty  days. 

Sec.  37.  Section  eighteen  of  this  ordinance  shall  not  apply 
to  cases  of  the  removal,  or  imjDortation  of  goods,  w^ares  and  mer- 
chandise, where  the  same  may  not  remain  an  obstruction  more 
than  twenty-four  hours,  and  do  not  occupy  more  than  one- 
third  of  the  space  of  the  side-walk  from  the  building  to  the  gut- 
ter, nor  to  any  case  of  building,  or  repairing  any  building 
where  such  obstruction  does  not  occupy  more  than  one-third 
of  the  street. 

Sec.  38.  In  every  case  where  any  person  is  convicted  of 
any  offense  against  the  city,  which  is  punishable  by  fine,  the 
offender  shall  be  imprisoned  as  provided  by  Ordinance  Xo.  5, 
until  the  fine  and  costs  are  paid,  unless  otherwise  ordered 
by  the  City  Council,  and  the  court  before  which  such  offender 


96 


CITY  ORDINANCES. 


is  convicted  shall  enter  judgment  as  provided  in  Section  number 
thirty-six  of  this  ordinance;  hut  the  imprisonment  shall  not 
exceed  thirty  days. 

Sec.  39.  All  ordinances,  or  parts  of  ordinances  conflicting 
with  this  ordinance  are  hereby  repealed. 

Passed  April  20th,  1868. 

Attest:  J.  P.  COULTEK, 

D.  A.  Bradley,  Mayor. 

Kecorder. 


OKDmAACE  hTO.  8. 

AN  OKDINANCE  prohibiting  the  sale  of  Intoxicating  Liquors. 

Sec.  1.  No  person  shall  sell  except  under  laws  of  the  State. 

2.  Selling  contrary  to  provisions  herein,  a misdemeanor ; penalty 

for  1st,  2d  and  3d  offense. 

3.  Information;  judgment  on  separate  informations. 

4.  Duty  of  officers,  failure,  to  work  forfeiture  of  his  office. 

5.  Special  duty  of  City  Attorney. 

Sec.  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of 
Cedar  Bapids:  That  no  person  shall  in  this  city,  sell  or 

retail,  by  himself,  his  clerk,  servant  or  agent,  directly  or  indi- 
rectly, any  intoxicating  liquors,  except  in  manner  or  form,  as 
now  is,  or  may  be  permitted  under,  and  by  virtue  of  the  laws 
of  the  State  of  Iowa. 

Sec.  2.  If  any  person,  by  himself,  his  clerk,  servant  or 
agent,  shall  for  himself  or  any  person  else,  directly  or  indi- 
rectly, or  on  any  pretence,  or  by  any  device,  sell  or  retail,  or 
in  consideration  of  the  purchase  of  any  other  property,  give  to 
any  other  person,  any  intoxicating  liquor  as  prohibited  in 
section  one  of  this  ordinance,  he  shall  be  deemed  guilty  of  a 


CITY  ORDINANCES. 


97 


misdemeanor,  and  shall  pay,  on  his  first  conviction  for  said 
offense,  a fine  of  twenty  dollars  and  the  costs  of  prosecution, 
and  shall  stand  committed  to  the  jail  of  Linn  County  five 
days,  unless  the  same  be  sooner  paid,  and  on  the  second  con- 
viction for  said  offense,  he  shall  pay  a fine  of  fifty  dollars  and 
costs  of  prosecution,  and  shall  stand  committed  to  the  jail  of 
Linn  County  fifteen  days,  unless  the  same  is  sooner  paid,  and 
on  the  third  and  every  subsequent  conviction  for  the  said 
offense,  he  shall  pay  a fine  of  one  hundred  dollars  and  the  costs 
of  prosecution,  and  shall  stand  committed  to  the  jail  of  Linn 
County  thirty  days,  unless  the  same  shall  be  sooner  paid. 

Sec.  3.  Information  for  violation  of  this  ordinance 
may  allege  any  number  of  violations  of  its  provis- 
ions by  the  same  party,  but  the  various  allegations  must  be 
contained  in  seperate  counts,  ■ and  the  person  so  charged  may 
be  convicted  and  punished  for  each  violation  so  alleged  as  on 
separate  informations,  but  a separate  judgment  must  be  enter- 
ed on  each  count  on  which  a verdict  of  guilty  is  rendered. 
The  second  and  third  convictions  however,  mentioned  in  this 
ordinance,  shall  be  construed  to  mean  convictions  on  separate 
informations,  and  all  proceedings  for  violations  of  this  ordi- 
nance shall  be  conducted  in  the  same  manner  as  proceedings 
are  or  may  be  conducted  for  a like  offense  under  the  laws  of 
Iowa. 

Sec.  4.  It  shall  be  the  duty  of  all  peace  officers  and  police 
of  this  city  to  see  that  this  ordinance  is  faithfully  executed 
and  obeyed,  and  when  informed  that  this  ordinance  has  been 
violated,  and  that  proof  of  that  fact  can  be  had,  it  shall  be  the 
duty  of  such  officers  and  police,  and  it  is  hereby  made  their 
special  duty,  with  the  aid  of  the  City  Attorney,  to  go  before 
the  Police  Judge  of  said  city,  or  other  proper  officer  or  mag- 
istrate having  jurisdiction  of  the  offense,  and  make  informa- 
tion of  the  same  and  of  the  person  so  violating  this  ordinance, 
and  any  such  peace  officer  or  police,  failing  to  comply  with 
the  provisions  of  this  section,  the  same  shall,  upon  proof  of 


98 


CITY  ORDINANCES. 


that  fact  satisfactory  to  the  City  Council,  work  a forfeiture  of 
his  office,  in  all  cases  where  the  said  City  Council  have  power 
or  authority  to  declare  any  such  office  forfeited,  and  such, 
peace  officer  or  police  from  the  time  of  such  forfeiture,  shall 
be  considered  discharged  and  no  longer  in  office  or  under  the 
employ  of  the  said  city. 

Sec.  5.  It  is  hereby  made  the  duty  of  the  City  Attorney, 
whenever  requested  by  a peace  officer  or  police,  as  mentioned 
in  section  four  of  this  ordinance,  to  make  out  the  information 
and  all  necessary  papers  for  the  prosecution  of  offenses  under 
this  ordinance,  and  appear  in  court  and  prosecute  the  same  to 
hnal  judgment  on  behalf  of  this  city. 

Passed  June  21st,  1872. 

Attest:  K.  S.  HILL, 

J.  C.  Stoddard,  Mayor. 

Pecorder. 


ORDIKAKCE  PO.  9. 


AN  ORDINANCE  in  relation  to  the  Licensing  Saloons  for  the  sale 
of  Beer  and  Wine. 

Sec.  1.  Unlawful  to  sell  without  first  obtaining  license. 

2.  Manner  of  obtaining  license ; Recorder  to  keep  list  of ; license 
not  assignable. 

8.  Amount  for  license ; when  expire;  applicant  to  give  bond  to 
be  approved  by  Council  and  filed  with  the  Recorder. 

4.  Imi)roper  conduct  in  licensed  place  punished : license  may  be 

forfeited. 

5.  Penalty  for  selling  without  license. 

6.  Repealing  clause. 

Sec.  1.  Be  it  ordcihied  hy  the  City  Council  of  the  City  of 
Cedar  Rapids:  That  it  shall  be  unlawful  for  any  person  to 

keep  a house,  shop  or  other  place  within  the  city  of  Cedar 


CITT  ORDINANCES. 


99 


Rapids,  for  the  resort  of  persons  to  drink  beer,  ale,  or  wine 
from  grapes,  currants  or  other  fruits  grown  in  this  State,  or 
for  the  sale  thereof,  or  to  sell  any  ale,  beer  or  native  or  domes- 
tic wine  by  the  glass,  without  first  having  made  application 
for,  and  obtained  a license  therefor,  as  hereinafter  provided. 

Sec.  2.  Any  person  of  good  moral  character  wishing  to 
obtain  a license  under  the  provisions  of  this  ordinance,  shall 
make  written  application  therefor  to  the  Mayor  of  said  city, 
which  shall  be  accompanied  by  a receipt  of  the  Treasurer  of 
the  city  for  the  sum  herein  provided  for  such  license;  and  said 
Mayor  may  at  his  discretion  grant  such  application,  and  issue 
such  license,  after  the  bond  hereinafter  referred  to  shalh  have 
been  approved  by  the  City  Council;  and  when  any  such  license 
is  issued  it  shall  be  under  the  hand  of  the  Mayor,  and  seal  of 
the  city,  attested  by  the  Recorder.  It  shall  be  the  duty  of  the 
Recorder  to  keep  a record  list  of  every  license  issued  under 
this  ordinance,  with  the  date  thereof,  and  to  whom  issued; 
each  and  every  license  so  issued  shall  designate  the  name  of  the 
person  to  whom  it  is 'granted  and  the  location  of  the  house, 
room,  or  place  to  be  used  under  the  same,  and  suci)  license 
shall  not  be  assignable,  or  extend  to  any  other  house,  shop  or 
place  than  that  named  in  such  license. 

Sec.  3.  To  entitle  any  person  to  such  license,  he  shall  pay 
into  the  hands  of  the  City  Treasurer  the  sum  of  three  hundred 
dollars  ($300)  for  a license  for  one  year,  or  the  pro  rata  pro- 
portion of  the  said  sum  of  three  hundred  dollars  ($300)  for  a 
fractional  part  of  a year,  from  the  date  of  application  for  such 
license,  to  the  first  day  of  May  following.  All  licenses  shall 
expire  on  the  first  day  of  May  in  each  year.  And  the  said 
person  shall  also  execute  a bond  to  the  city  of  Cedar  Rapids, 
with  two  or  more  sureties,  in  the  sum  of  five  hundred  (500) 
dollars,  as  agreed  and  liquidated  damages,  and  with  a condi- 
tion therein,  that  his  house,  shop,  or  other  place  so  licensed, 
shall  be  kept  and  conducted  strictly  in  accordance  with  the 
conditions  and  requirements  of  this  ordinance,  and  all  ordi- 


100 


CITY  ORDINAJS’CES. 


nances  of  the  city  which  may  hereafter  he  passed  in  relation 
to  saloons  and  saloon-keepers.  No  such  license  shall  be  issued 
until  said  bond  shall  have  been  approved  by  the  City  Council 
, at  a regular  meeting  thereof,  and  when  so  approved,  the  same 
shall  be  hied  with  the  City  Recorder  and  recorded  in  a book 
to  be  kept  by  him  for  that  purpose. 

Sec.  4..  If  any  person  having  a license  as  provided  by  this 
ordinance,  shall  suffer  any  person  to  become  drunk,  or  intoxi- 
cated by  . drinking  at  or  about  his  or  her  licensed  place,  or  shall 
suffer  any  carousals,  fighting,  gambling,  or  tumultuous  noises 
in  the  licensed  premises  or  its  appurtenances,  or  shall  suffer  or 
permit  any  minor  to  drink  any  liquors  in  or  about  said  prem- 
ises, without  the  consent  of  the  parents  or  guardian  of  said 
minor,  or  who  shall  suffer  or  permit  any  minor  to  frequent, 
remain  at,  or  be  harbored  in  or  about  said  licensed  premises, 
or  shall  keep  said  house,  shop  or  place  open  for  the  ingress  or 
egress  of  any  person  or  persons,  or  suffer  any  drinking  therein 
on  the  first  day  of  the  week  called  Sunday,  or  between  the 
hours  of  5 A.  M.  and  10  p.  m.  of  the  days  of  the  annual  State 
or  City  elections,  or  on  any  night  after  the  hour  of  10  o’clock 
p.  M.,  and  before  tlie  hour  of  5 a.  m.,  or  who  shall 
sell,  either  directly  or  indirectly,  any  ale,  beer  or  wine  on  the 
election  days  aforesaid,  or  between  the  hours  of  night  afore- 
said, or  who  shall  at  any  time  sell  any  intoxicatimg  liquors, 
liquid  or  thing  prohibited  by  the  laws  of  the  State  of  Iowa, 
he  or  she  shall  be  deemed  to  be  guilty  of  a misdemeanor,  and 
upon  conviction  thereof,  shall  be  fined  in  a sum  not  exceeding 
$100  and  costs  of  prosecution,  and  shall  stand  committed  to 
the  jail  of  Linn  County  according  to  law,  unless  the  fine 
and  costs  shall  be  paid,  and  he  or  she  shall  forfeit  said  license, 
and  the  City  Council  of  said  City,  on  being  satisfied  of  a viola- 
tion of  any  of  the  provisions  of  this  ordinance  by  a licensee, 
shall  have  authority  to  revoke,  and  in  its  discretion  may 
revoke  said  license,  and  declare  the  same  null  and  void;  but 
the  license  and  the  sureties  upon  the  bond  shall  be  and  remain 


CITY  ORDINANCES. 


101 


liable  to  said  City  for  the  full  amount  of  said  bond,  and  said 
City  Council  ma}^  order  suit  to  be  brought  on  the  same  to  en- 
force the  collection  thereof.  All  payments  made  for  said 
license  shall  be  forfeited  upon  the  mere  revoking  of  any  such 
license. 

Sec.  5.  Any  person,  who  shall  in  this  city,  open  or  keep 
any  house,  room  or  place  for  the  resort  of  persons  to  drink 
ale,  beer  or  native  or  domestic  wines,  or  for  the  sale  thereof, 
or  who  shall,  in  this  city,  sell  any  ale,  beer  or  native  or  do- 
mestic wine,  by  the  glass,  without  having  a license  as  provi- 
ded in  this  ordinance,  shall  be  deemed  guilty  of  a misdemeanor 
and  shall  be  liable  to  a fine  of  not  more  than  one  hundred 
(^100)  dollars  for  each  conviction  thereof. 

Sec.  6.  All  ordinances  or  parts  of  ordinances,  so  far  as  the 
same  may  conflict  with  this  ordinance,  are  hereby  repealed. 

Passed  April  10th,  1874, 

Attest:  A.  B.  HULL, 

J.  C.  Stoddard,  Mayor, 

Recorder. 


ORDINANCE  NO.  10. 

AX  ORDIXAXCE  Relative  to  the  observance  of  the  Sabbath. 

I 

Sec.  1.  Be  it  Ordained  hy  the  City  Council  of  the  City  of 
Cedar  Rajyids:  That  if  any  person  be  found  on  the  first  day 

of  the  week,,  commonly  called  Sabbath,  engaged  in  buying  or 
selling  property  of  any  kind,  or  in  any  kind  of  labor,  pursuit, 
avocation  or  calling,  (works  of  necessity  and  dharity  excepted), 
every  person  so  ofiending,  shall  on  conviction,  be  deemed 
guilty  of  a misdemeanor,  and  be  fined  in  a sum  not  less  than 
one  dollar, nor  more  than  one  hundred  dollars;  Provided^  noth- 


102 


cnr  ORDINANCES. 


ing  herein  shall  be  construed  as  contradictory  to  Sec.  4072,  ol 
the  Code  of  Iowa,  1S73.  Amendment  of  1874. 

Passed  June  9,  1871. 

Attest:  THOS.  Z.  COOK, 

J.  C.  Stoddard,  Mayor. 

Recorder. 


ORDIKAKCE  KO.  11. 

AK  OEDIiSTAlSrCE  Kelative  to  Misdemeanors. 

Sec.  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of 
Cedar  Bajpids:  That  every  person  who  shall  violate  the 

provisions  of  any  of  the  ordinances  of  this  city,  shall  be  deemed 
guilty  of  a misdemeanor,  and  upon  conviction  thereof,  shall 
pay  a fine  of  not  less  than  one  dollar,  nor  more  than  one  hun- 
dred dollars,  and  stand  committed  until  the  same  is  ]jiaid. 
Passed  July  6th,  1871. 

Attest;'  THOS.  Z.  COOK, 

J.  C.  Stoddard,  Mayor. 

Recorder. 


ORDHSTAKCE  KO.  12. 


AN  ORDINANCE  providing  for  the  working  of  persons  convicted  of 
misdemeanors  upon  the  streets,  public  buildings  and  grounds  of 
tJie  city,  and  tor  tiie  protection  of  prisoners. 

Sec.  1.  Any  person  convicted  of  a misdemeanor,  may  be  cornpeled  to 
labor  on  streets. 


CITY  ORDINANCES. 


103 


2.  Marshal  to  superiiitend  work,  and  furnish  tools  and  materials. 

3.  Treatment  and  control  of  prisoner  while  at  work,  or  in  case 

of  refusal  to  work,  to  be  kept  in  solitary  conlinement. 

4.  .'?1.50  per  day  to  be  credited  for  evei’y  days  work. 

5.  Prisoner  protected  from  insult,  or  annoyance  while  at  work. 

Sec.  1,  Be  it  ordained  hy  the  City  Co'iincil  of  the  City  of 
Cedar  Rapids:  That  hereafter,  any  able  bodied  male  person 

over  the  age  of  sixteen  (16)  years,  and  not  over  the  age  of  fifty 
(50)  years,  who  shall,  after  the  passage  of  this  ordinance,  be  con- 
victed of  a misdemeanor  under  any  of  the  ordinances  of  this 
city,  and  sentenced  to  pay  a fine  and  costs  of  prosecution,  or  in 
default  thereof  be  committed  to  the  jail  of  Linn  County,  Iowa, 
may  be  compelled  by  the  tribunal  having  jurisdiction  of  said 
cause,  to  work  at  hard  labor  upon  the  streets,  alleys,  or  in  or 
about  the  public  buildings  or  grounds  of  said  city,  during 
such  reasonable  time  of  the  day  as  the  person  in  charge  of  the 
prisoners  may  direct,  but  in  no  case  to  exceed  eight  (8)  hours 
per  day. 

Sec.  2.  The  City  Marshal  shall  superintend  the  perform- 
ance of  the  labor  authorized  by  the  provisions  of  this  ordinance, 
and  shall  furnish  all  tools  and  materials  at  the  expense  of  the 
city,  and  said  city  shall  be  entitled  to  the  earnings  of  said 
convicts. 

Sec.  3.  The  officers  having  charge  of  any  convict  for  the 
purposes  specified  in  this  act,  may  use  all  necessary  means  to 
prevent  escapes,  and  any  convict  attempting  to  escape,  eithei* 
while  going  from  or  returning  to  the  jail,  or  while  at  labor,  or 
at  any  time,  or  if  he  refuses  to  labor,  the  ofiicers  having  him 
in  charge,  after  due  inquiry,  may,  to  secure  such  person,  or  to 
cause  him  to  labor,  chain  and  secure  such  person,  or  cause  him 
to  be  kept  in  solitary  confinement,  not  more  than  ten  (10) 
days  for  any  one  offense,  and  during  such  solitary  confinement 
he  must  be  fed  with  bread  and  water  only,  unless  other  food 
be  necessary  for  the  preservation  of  his  ^health;  Provided , 
always,  such  punishment  shall  be  inflicted  within  the  jail  or 
jail  inclosure,  and  provided  further,  that  the  time  spent 


104 


cmr  OKDINANCES. 


within  the  jail  inclosure,  for  refusal  to  work,  shall  not  be  con- 
sidered as  any  part  of  the  time  for  which  the  prisoner  is 
sentenced. 

Sec.  4.  For  every  day’s  labor  performed  by  any  convict 
under  the  provision  of  this  ordinance,  there  shall  ba  credited 
on  any  judgment  for  fine  and  cost  against  him,  the  sum  of  one 
dollar  and  fifty  cents  a day. 

Sec.  5.  If  any  person  shall  persist  in  insulting,  annoying 
or  communicating  with  any  prisoner,  while  at  labor  or  while 
going  to  or  from  the  same,  after  being  commanded  by  the  officer 
in  charge  of  said  prisoner,  to  desist,  shall  be  deemed  guilty 
of  a misdemeanor,  and  upon  conviction  thereof,  shall  be  sen- 
tenced to  pay  a fine  of  not  less  than  one  dollar  nor  more  than 
ten  dollars,  and  costs  of  prosecution,  or  he  may  be  sentenced 
to  be  imprisoned  for  a period  not  exceeding  three  days. 

Passed  July  29th,  1870. 

Attest:  WM.  B.  LEACH, 

W.  B.  Stewart,  Mayor. 

Recorder. 


ORDINANCE  NO.  13. 


AN  ORDINANCE  relative  to  the  right  of  (way  to  the  ^Chicago,  Iowa 
V and  Nebraska  Rail  Road  Company. 


Sec.  1.  Right  of  way  through  any  of  the  streets,  &c.  for  fifty  years. 

2.  Shall  only  select  one  street,  and  designate  the  same  by  laying 

down  track. 

3.  Shall  only  occupy  20  feet  of  the  middle  of  street,  and  shall 

conform  to  grade,  and  provide  safe  crossings. 

4.  Council  may  regulate  passage  of  cars. 

5.  Mayor  shall  execute  instrument  of  writing  granting  riuht  of 

way. 

6.  . Owners  of  real  estate  not  precluded  from  recovering  damages. 

7.  Shall  establish  depot  within  city. 


crrr  ordinances. 


106 


' Sec.  1.  Be  it  ordained  by  the  City  Council  of  the  City  of 
Cedar  Rupids:  That  the  right  of  way  through  any  of  the 

streets  and  across  any  of  the  alleys  of  this  city,  subject  to  con- 
ditions hereinafter  mentioned,  is  hereby  granted  to  the 
Chicago,  Iowa  and  Nebraska  Eail  Road  Company  for  the 
period  of  fifty  years  from  this  time. , 

Sec.  2.  Tlie  said  company  in  exercising  the  above  right  of 
way,  shall  only  select  and  use  one  of  the  streets  running  at 
right  angles  with  Market  street,  and  on  one  of  the  streets  run- 
ning parallel  with  Market  street,  and  the  selection  made  by  said 
company  for  this  purpose,  as  shown  by  the  laying  down  of 
their  tracks,  shall  be  their  final  selection. 

Sec.  3.  The  said  company  shall  only  occupy  with  their 
tracks  the  middle  of  any  street  through  which  they  may  pass, 
except  in  making  ciir\'es,  and  shall  not  occupy  a strip  of 
greater  width  than  twenty  feet,  and  said  company  in  laying 
their  tracks  shall  conform  to  the  established  grade  of 
the  city,  and  shall  provide  for  the  safe  and  convenient  passage 
of  vehicles  and  persons  on  foot,  over  their  tracks  and  embank- 
ments within  the  city. 

Sec.  d.  The  City  Council  expressly  reserve  the  right  of  so 
regulating  the  passage  of  cars  and  locomotives  of  said  Com- 
pany, over  their  tracks  in  this  city,  as  the  safety  and  conveni- 
ence of  tiie  citizens  may  require,  not  defeating  said  com- 
pany’s rigiit  of  way. 

Sec.  5.  Upon  the  passage  of  this  ordinance  the  Mayor  shall, 
in  consideration  of  the  sum  of  one  dollar,  to  be  paid  by  said 
company,  for  the  use  of  the  city,  execute  to  said. company  an 
instrument  in  widting.  granting  to  said  company  the  right  of 
way  through  any  of  the  streets,  and  across  any  of  the  alleys  of 
this  city,  subject  to  the  conditions  above  and  hereinafter  men- 
tioned. 

Sec.  6.  The  right  of  way  hereby  granted,  shall  not  be  con- 
strued as  to  preclude  the  owners  of^^^tl  estate  on  any  street 


106 


CITY  ORDINANCES. 


through  which  the  said  company  may  pass,  from  recovering 
from  said  company  any  damages  they  may  thereby  sustain. 

Sec.  T.  The  said  company  shall,  if  they  avail  themselves 
of  the  benefits  of  this  ordinance,  establish  their  passenger 
depots  for  this  place  within  the  corporate  limits  of  this  city. 

Passed  November  21st,  1856. 

Attest:  tSAAC.  WHITTAM, 

D.  M.  McIntosh, 

Pecorder. 


OKDINANCE  NO.  14. 

' /IN  OEDINANCE  relative  to  the  right  of  way  through  the  City  of 
Cedar  Kapids,  to  the  Dubuque  Southwestern  Hail  Road. 

Sec.  1.  Right  of  way  on  Ely,  and  Jefferson  street ; term  of.  . 

2.  Occupy  20  feet  of  middle  of  street  only ; shall  conform  to 

grade,  and  provide  safe  crossings. 

3.  Nothing  to  conflict  with  rights  granted  to  other  Roads. 

4.  Rights  reserved  to  regulate  passage  of  cars,  <&c. 

.5’.  Mayor  to  execute  writing  granting  right  of  way. 

6 Shall  not  prevent  owners  from  recovering  damages. 

7*.  Shall  establish  depot  in  this  city. 


"^Sec.  1.  Be  it  ordained  hy  the  City  C oti/ricil  of  the  City  of 
Cedar  Bapide:  That  the  right  of  way  is  hereby  granted  to 

the  Dubuqne  and  Southwestern  Kail  Koad  Company,  through 
Ely  street  from  Van  Buren  street  to  Adams  street,  and  oil 
Jefterson  from  Mary  street  to  Linn  street,  for  the  period  of 
fifty  years  from  the  date  hereof,  subject  to  the  conditions 

hereinafter  mentioned.  ^ 

Sec.  2.  That  the  said  company  shall  only  occupy  with  then* 
track  the  middle  of  the  streets  through  which  they  may  pass. 


CITY  ORDINANCES. 


lOT 


except  i*n  making  curves  or  corners,  and  shall  not  occupy  h 
strip  of  greater  width  than  twenty  feet,  and  said  company  in 
laying  their  track  shall  conform  to  the  established  grade  of 
said  city,  and  shall  provide  a safe  and  com-enient  passage  for 
vehicles,  and  persons  on  foot,  over  their  track  and  eml)ank- 
ments  within  the  city. 

Sec.  3.  Nothing  contained  in  this  ordinance  sliall  he  made 
to  contiict  with  an  ordinance  granting  the  right  of  way  to  the 
Chicago,  Iowa  and  Nebraska  Nail  Noad,  granted  November 
1856. 

Sec.  -I.  The  (hty  Council  expressly  reserves  the  right  of 
so  regulating  the  passage  of  cars,  and  locomotives  of  said  com- 
pany over  their  track  in  this  city,  as  the  safety  and  conveni- 
ence of  the  citizeiis  uii'rNiwvqui]’^  defeating  the  said  com- 
pany’s right  of  way. 

Si:c.  5.  Upon  the  passage  of  this  ordinance,  the  Mayor,  in 
cmisideration  of  the  sum  of  one  dollar  to  be  paid  by  said  com- 
pany for  the  use  of  the  city,  shall  execute  to  said  coni])any  an 
instrument  of  writing  granting  to  said  company  the  right  (d‘ 
way  through  the  streets  named  in  section  one,  as  therein  stated, 
and  across  any  alleys  over  which  they  may  necessarily  ])ass, 
subject  to  the  conditions  above  and  hereinafter  mentioned. 

Sec.  6.  The  right  of  way  hereby  granted,  shall  not  be  s<^ 
construed  as  to  preclude  the  owners  of  real  estate  on  any 
street  through  which  said  Nail  N^oad  may  pass,  from  recover- 
ing from  said  company  anydai)iafe  they  may  thereby  sustain. 

Sec.  T.  The  said^com([femh'  ‘i^*'ittey  avail  themselves  of  fhe 
benehts  of  this  orc^i^y^Vliall  establish  their  freight  and 
passenger  depots. foi;Hl^fe^]-)l ace  within  the  corporate  limits  of 
this  city.  v ' ' 

Passed  J uly  3d,TT863. 


Attest-  • 


MOAVNY  FANNUM. 


Mayor. 


108 


CITY  ORDINANCES. 


ORDINANCE  NO.  15. 

A X ORDINANCE  Grantins  the  right  of  way  to  the  Chicago  and 
Nortliwestern  Railway  Company. 

fSrx'.  1.  Th'ovides  for  side  track  between  certain  streets,  an^  for  safe 
crossings.  . ' 

2.  Council  may  regulate  passage  of  cars. 

8.  Not  to  conflict  with  rights  granted  to  other  ronds. 

4.  iSIayor  to  execute  writing  granting  right  of  way. 

Sec.  1.  Be  it  ordained  by  the  City  Co  icneil  of  the  City  of 
Cedar  Rapids:  That  tlie  right  of  way  be  granted  to  the 

Chicago  and  Northwestern  Railway  company,  as  lessee  of  the 
Chicago,  Iowa  and  Nebraska  Railroad,  and  of  tlie  Cedar  Rap- 
ids and  Missouri  River  Rail  road,  for  side  track  between  the 
Northerly  line  of  Market  street  and  Iowa  Aveflue  on  the 
southwest  half  of  Jefferson  street,  and  for  such  side  track  as 
said  company  need  and  occupy  on  the  southwest  half  of  Jeffer- 
son street  between  the  northerly  line  of  Iowa  Avenue  and  Mary 
street,  and  also  on  Ely  street  between  Adams  and  Jefferson 
streets,  provided  that  said  company  in  laying  said  track  shall 
conform  to  the  established  grade  of  the  city  along  said  streets, 
and  shall  make  safe  and  convenient  crossings  for  teams  and 
})ersons  on  foot  at  the  street  and  side-walk  crossings. 

Sec.  2 The  City  Council  expressly  reserves  the  right  of  so 
regulating  the  passage  of  cars  and  locomotives  of  said  com- 
pany over  their  tracks  in  this  city  as  the  safety  and  conveni- 
ence of  the  citizens  may  recpiire,  not  defeating  said  company’s 
right  of  way. 

Sec.  3.  Notliing  contained  in  this  ordinance  shall  be  made 
to  conflict  witli  an  ordinance  granting  the  right  of  way  to  the 
Dubuque  Southwestern  Rail  Road  Company,  passed  July  3d, 
1863,  nor  with  the  ordinance  granting  the  right  of  way  to  the 
Cedar  Rapids  and  St.  Paul  Railway,  passed  May  25th,  1866. 

Sec.  4.  Dpon  tlie  passage  of  this  ordinance,  the  Mayor,  in 
consideration  of  one  dollar  to  be  paid  by  said  company  for 
the  use  of  the  city,  shall  execute  to  said  company  an  instru- 


CITY  ORDINANCES. 


109 


rneiit  of  writing-  granting  to  said  company  tlie  riglit  of  way 
tln*ong]i  tlie  streets  mentioned  in  section  1st,  as  tlierein  stated, 
and  across  any  alley  ovei*  which  they  may  mu'cssarily  pass, 
subject  to  the  conditions  hei*ein  mentioned. 

Passed  Decembei'  1-fth,  18b(). 

Attest:  A.  K.  WE8T, 

Cteo.  C.  Haman,  Mayor. 

Recorder. 


ORDINAXCE  NO.  lb. 

AX  OJvDESTxVNCE  Granting  additional  rights  to  tlie  Chicago  and 
Northwestern  Railway  Company. 

Sec.  1.  Be  it  ordained  by  the  City  Council  of  the  City  of 
Cedar  Bayfale:  That  the  riglit  be  and  is  hereby  granted  to 

the  Chicago  and  Northwestern  Railway  Company  to  occipiy 
and  nse  for  building  or  other  purposes,  the  alley  between  lots 
five  and  six  in  block  twenty-two  in  said  city,  and  also  the 
right  to  build,  erect  and  maintain  all  necessary  ]datforms  to 
accommodate  the  passenger  and  freight  buildings  that  may  lie 
ei-ected  on  or  used  said  (‘ompany. 

Passed  April  bth,  18b7. 

Attest:  A.  R.  WEST, 

1).  A,  Bkadi.ev,  Mayor. 

Recoi'der. 


no 


CITY  ORDINANCES. 


ORDINANCE  NO.  17. 

AX  OJIDINAX^CE  Granting  the  right  of  way  to' the  Burlington, 
Cedai-  Rapids  Jind  Minnesota  Railway. 

Sec.  1.  Right  of  way  through  Jefferson  street. 

2.  Part  of  street  used. 

^ 8.  To  conform  to  grade. 

4.  Council  may  regulate  speed  of  trains. 

5.  Mayor  to  execute  writing  granting  right  of  way. 

().  X"ot  to  prevent  owners  of  i-eal  estate  from  recovluhig  damages. 

T..  Railway  ('ompany  to  establish  depot  in  this  city. 

Sec.  1.  Be  it  ordained  hy  the  ' City  CUmncil  of  the  City  of 
Ctdar  Rayjids:  That  the  right  of  way  througli  the  north- 

easterly side  of  Jetferson  sti*eet  for  the  entire  leiigtli  thereof, 
is  hereby  granted  to  the  Burlington,  Cedar  Rapids  and  Min- 
nesota Railway,  subject  to  the  conditions  hereinafter 
inentioned.  , 

Sec.  2.  The  said  Railway  shall  only  use  suthcient  of  said 
street  sontW  of  Iowa  Avenue  for  a single  track  and  the  side 
track  shall  be  so  laid  that  the  southwesterly  side  of  any  cars 
nin  thereon  shall  not  come  ueai*er  than,  nor  more  than  ten 
feet  six  inches  from  the  center  of  the  main  track  of  the  Chi- 
cago, Iowa  and  Nebraska  Railroad.  Company,  now  laid  in  said 
street  and  operated  by^  the  (diicago  and  ^orthwe^^tern  Railway 
Company. 

Sec.  3.  The  said  Railway  Company  shall  lay  said  track 
and  keep  the  same  so  as  to  conform  to  the  grade  of  Jefferson 
street,  as  now  or  hereafter  established,  and  shall  at  all  times 
provide  and  keep  in  good  repair,  good,  safe  and  convenient 
ci’ossings  for  the  passage  of  vehicles,  and  persons  on  foot  over 
their  said  track  and  embankments  within  the  city. 

Sec.  T.  The  City  Council  hereby  expressly  reserves  the 
right  of  so  regulating  the  speed  and  passage  of  the  locomo- 
tives and  cars  of  the  said  Railway  Company  over  their  track 
in  this  city,  as  the  safety  and  convenience  of  the  citizens  thereof 
may  seem  to  recpiire,  not  defeating  the  right-of-way  hereby 
granted  to  the  said  Railway  Company,  and  the  right-of-way 


CITY  ORDINANCES. 


Ill 


aforesaid  is  granted  to  the  said  Railway  Conipany  subject  to 
any  ordinance  now  oi‘  hereafter  in  force  relating  to  Railroads. 

Sec.  5.  Upon  the  passage  and  taking  elleet  of  this  ordi- 
nance, the  Mayor  of  the  city  shall,  in  consideration  of  the  sum 
of  one ‘dollar,  to  ^ be  paid  by  the  said  Railway  Company  for 
the  use  of  the  city,  execute  to  the  said  Railway  Conipany,  an 
instrument  in  writing  granting  to  the  said  Railway  Company 
the  right-of-way  throngh  the  said  street,  subject  to  the  condi- 
tions above  stated. 

Sec.  6.  The  right-of-way  hereby  granted  shall  not  be  con- 
strued so  as  to  preclude  the  owners  of  real  estate  on  said 
’street  from  recovering  from  said  Railway  Company  any  dam- 
ages they  may  be  legally  entitled  to  recover. 

Sec.  T.  The  Railway  Company  shall,  if  they  avail  them- 
selves of  the  benefits  of  this  ordinance,  establish  their  Passen- 
ger Depot  for  this  ]^lace  within  the  corporate  limits  of  this 
city. 

Passed  April  29th,  ISTO. 

Attest:  • WxM.  B.  J.EACH, 

W.  B.  Stewart,  Mayor. 

Recordei*. 


ORDINANCE  NO.  18. 

AN  ORDINANCE  grantiug  Right-ofAVa}^  into  the  city  of  Cedar  Rapids, 
to  the  Cedar  Rapids  and  St.  Paul  Railway. 

Sec.  1.  Right-of-way  on  Jefterson  street;  Depot  to  be  established  in  this 
city. 

2.  Shall  conform  to  grade  of  city,  and  provide  suitable  crossings. 

3.  Council  to  regulate  speed  of  cars,  &c. 

4.  Mayor  to  execute  writing  granting  right-of-way. 

5.  Not  to  conflict  with  ordinance  granting  rights  to  other  Roads. 


Sec.  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of 


112 


CITY  ORDINANCES. 


Cedar  Rajpids:  That  the  right-of-waj  for  a main  track  is 

hereby  granted  to  the  Cedar  liapids  and  8t.  Paul  Railway 
thnnigh  Jefferson  street  in  said  city  from  the  up23er  or  north- 
west end  of  said  sti-eet  and  across  Mary  street,  Ely  street 
and  Johnson  street,  to  the  point  of  intersection  of  the  Chicago 
and  Northwestern  Railway,  with  the  iJiibuc^ue  Southwestern 
Railway,  at  the  crossing  of  J^enton  street,  with  the  right  to 
put  down  and  maintain  such  side  tracks  on  said  upper  portion 
of  Jefferson  street,  as  the  business  of  said  Company  may 
require,  provided  said  Company  establish  their  Freight  or 
Passenger  Depot  within  the  corj^orate  limits  of  this  city. 

Sec.  2.  That  said  (Mmpany,  in  laying  their  tracks,  shall 
conform  as  far  as  practicable  to  the  established  grade  of  said 
city,  and  shall  provide  a safe  and  convenient  passage  for  vehi- 
cles and  persons  on  foot  over  their  tracks  and  embankments. 

Sec.  3.  The  City  Council  expressly  reserves  the  right  of 
so  regulating  the  passage  of  cars  and  locomotives  of  said  Com- 
pany on  their  track  in  this  city,  as  the  safety  and  convenience 
of  the  citizens  may  require. 

Sec.  4.  Upon  the  passage  of  this  ordinance  the  Mayor,  in 
consideration  of  one  dollai*  to  be  paid  by  said  Company  for  the 
use  of  the  city,  shall  execute  to  said  Company  an  instrument 
of  writing  granting  to  said  Company  the  right-of-way  through 
said  streets  for  main  and  side  tracks  as  named  in  section  one, 
as  therein  stated^  and  across  any  alleys  over  which  they  may 
necessarily  pass,  subject  to  the  conditions  herein  mentioned. 

Sec.  5.  Nothing  contained  in  this  ordinance  shall  ^be  made 
to  conflict  with  an  ordinaiu'e  granting  the  right-of-way  to  the 
(Uicago,  Iowa  and  Nebraska  Railroad  Company,  passed  No- 
vember 21st,  1856;  nor  with  the  ordinance  granting  the  right- 
of-way  to  the  Dubuque  Southwestern  Railroad  Comj)auy, 
passed  July  3d,  1863. 

Passed  May  26th,  18f)6. 

Attest:  ' A.  R.  WEST, 

GtEo.  C.  IIaman,  Mayor. 

Recordej*. 


CITY  ORDINANCES. 


113 


ORDINANCE  NO.  19. 

AN  ORDINACE  to  regulate  speed  on  Railroads,  and  prevent  obstruc 
tion  of  streets. 

Sec.  1.  Rate  of  speed  not  to  exceed  six  miles  per  hour. 

2.  Not  to  remain  on  crossing  more  than  five  minutes. 

3.  Shall  not  sound  whistle* 

4.  Shall  ring  bell  when  in  motion. 

5.  Shall  erect  signboard,  “Slow,  Ring  the  Bell.” 

6.  Not  allow  steam  to  escape,  &c. 

7.  Penalty  for  violations. 

8.  Ordinance  No.  31  repealed. 

Sec.  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of 
Cedar  Rapids:  That  no  locomotive  engine,  railroad  passen- 

ger car,  or  freight  car,  shall  be  driven,  propelled  or  run  upon 
or  along  any  railroad  track  in  this  citv,  at  a greater  speed  than 
the  rate  of  six  miles  per  hour. 

Sec.  2.  No  railroad  company,  railroad  engineer,  train  con- 
ductor, or  other  person,  shall  cause  or  allow  any  locomotive 
engine,  car,  or  cars,  or  train  of  cars  to  stop  at,  or  remain  upon 
any  street  and  railroad  crossing  within  this  city,  for  a longer 
period  than  five  minutes  at  any  one  time;  provid^ed^  howevei*, 
that  in  case  an  accident  should  take  place  at  any  such  crossing, 
reasonable  time  shall  be  allowed  to  remove  any  obstructions 
that  may  be  caused  thereby. 

Sec.  3.  No  railroad  company  shall  cause  or  allow  the 
whistle  of  any  locomotive  engine  to  be  sounded  within  this 
city,  except  necessary  brake  signals,  and  such  as  may  be  abso- 
lutely necessary  to  prevent  injury  to  persons  and  to  prop- 
erty, other  than  their  own  and  that  in  their  possession  as 
freight. 

Sec.  4.  * The  bell  of  each  locomotive  engine  shall  be  rung 
continually  while  running  within  this  city. 

Sec.  5.  Each  railroad  company  running  on  any  railroad 
within  this  city,  shall  erect  at  the  entrance  of  such  railroad 
within  the  city,  a signboard  having  thereon  the  words  slow, 


114 


CITY  ORDINANCES. 


ring  the  bell,”  legibly  painted  thereon,  and  keep  the  same  so 
erected. 

Sec.  6.  No  railroad  company  shall  cause  or  allow  the 
cylinder  cock,  or  cocks,  of  any  or  either  of  their  several  loco- 
motive engines,  to  be  opened  so  as  to  permit  steam  to  escape 
therefrom  at  any  time  while  running  upon  or  along  any  rail- 
road track  laid  in  any  street,  or  when  the  engine  is  in  imme- 
diate proximity  to,  or  at  any  street  and  railroad  crossing  in 
this  city;  Provided^  however,  that  when  such  engine  shall  be 
standing  at  such  points  in  the  city,  for  every  three  revolu- 
tions of  the  driving  wheel  after  being  put  in  motion,  the  said 
(*x)cks  may  be  opened  for  the  purj^ose  of  allowing  condensed 
steam  to  escape. 

Sec.  T.  Any  railroad  company  or  corporation  who  shall, 
by  themselves,  their  agent,  or  employes,  or  any  agent  or 
employe  of  any  railroad  company  or  corporation,  or  other 
person  who  shall  violate  any  of  the  foregoing  provisions,  shall 
for  each  violation,  forfeit  and  pay  to  the  city  of  Cedar  Rapids, 
a penalty  of  fifty  dollars;  said  penalty  when  proceedings  'are 
against  a railroad  corporation,  to  be  recovered  in  a civil  action 
in  the  name  of  the  city,  before  a Mayor  or  Justice  of  the  Peace 
residing  in  the  city,  but  as  against  any  agent,  or  employe  of 
a railroad  corporation,  or  other  person,  the  prosecution  for  the 
penalty  for  such  violation  shall  be  as  provided  in  Ordinance 
No.  11. 

Sec.  8.  Ordinance  No.  Jl,  (old  No.)  entitled  an  ordinance 
regulating  the  speed  of  locomotives  and  hand  cars,  and  to 
prevent  the  obstruction  of  streets,  is  hereby  repealed. 

Passed  Januarv  18th,  18HT. 

Attest:  A.  R.  WEST, 

Geo.  C.  Ham  an.  Mayor. 

Recorder. 


CITY  ORDINANCES. 


115 


ORDINAxWE  NO.  20. 

AN  ORDINANCE  to  prevent  minors  from  getting  on  and  off  Railroad  * 
cars  w’hile  in  motion,  within  the  city  limits. 

Sec.  1,  Re  it  ordained  hy  the  City  Connell  of  the  City  of 
Cedar  Rapids:  That  no  minoi*  under  the  age  of  fifteen  years 

sliall  get  on  or  off  the  railroad  cars  or  engine  while  they  are  in 
motion,  within  the  city  limits. 

Sec.  2.  Any  such  minor  violating  the  foi*egoing  section  is 
hereby  declared  guilty  of  a misdemeanor,  and  upon  conviction 
thereof,  shall  be  fined  in  a sum  of  not  less  than  one  nor  more 
than  five  dollars,  and  shall  be  committed  to  the  jail  of  Linn 
County,  in  manner  and  form  as  provided  by  ordinance  and 
law  unless  the  same  shall  be  paid. 

Passed  November  1st,  1872. 

Attest:  H.  S.  HILL, 

J.  C.  Stoddard,  . Mayor. 

Pecorder. 


ORDINANCE  NO.  21. 


AN  ORDINANCE  relative  to  issuing  City  Bonds  for  the  purchasing  of 
Fire  Engine,  Hose,  &c. 

Proclamation  and  election. 

Sec.  1.  Mayor  and  Recorder  to  sign  aud  issue  bonds  under  seal  of  the 
city : amount ; interest ; when  due,  and  where  payable. 

2,  Title  of  Bonds. 

3.  Mayor  empowered  to  negotiate  sale  of  Bonds,  at  not  less  than  90 

cents. 

4 & 5.  Provides  for  the  redemption  of  Bonds,  and  payment  of  interest. 

().  Treasurer  to  keep  funds  seperate. 

7.  Treasurer  may  borrow  at  10  per  cent,  for  payment  of  principal 

and  interest. 

8.  Provision  herein  a part  of  contract  with  purchaser  of  Bonds. 

9.  Repealing  clause. 


CITY  ORDINANCES. 


\U5 


Whereas,  The  City  Coimcil  of  the  city  of  Cedar  Rapids, 
Iowa,  did,  by  resolution  passed  on  the  '2M  day  of  iSTovember, 
1867,  instruct  tlie  Mayor  of  said  city  to  issue  his  proclama- 
tion to  the'  legal  and  qualified  voters  of  said  city,  the  question 
of  borrowing  Ten  Thousand  Dollars  for  the  purpose  of  pur- 
chasing a Fire  Engine,  Hose,  &c.  Five  Thousand  of  the 
amount  to  be  payable  in  five  years,  and  Five  Thousand  Dol- 
lars to  be  payable  in  ten  years  after  date,  with  interest  at  ten 
per  cent.,  payable  semi-annually. 

And  Whereas,  A.  R.  West,  Mayor  of  the  said  city,  in  obe- 
dience to,  and  in  pursuance  of  the  said  resolution,  issued  his 
proclamation  in  words  and  figures  following,  to-wit: 

PROCLAMATION. 

“ To  the  qualified  voters  of  the  City  of  Cedar  Rapids,  Iowa : 

Whereas,  At  a regular  meeting  of  the  City  Council  of  said 
city,  held  at  their  council  room,  on  the  22d  day  of  I7ovember, 
1867,  the  said  Council  by  resolution,  instructed  the  Mayor  of 
said  city  to  submit  to  the  legal  voters  of  said  city,  the  ques- 
tion of  said  Coimcil  borrowing  the  sum  of  Ten  Thousand  Dol- 
lars, payable,  Five  Thousand  Dollars  in  five  years,  and  Five 
Thousand  Dollars  in  ten  years,  with  ten  per  cent,  interest  per 
annum,  said  interest  payable  semi-annually,  the  same  to  be 
used  for  the  purpose  of  purchasing  a Steam  Fire  Engine  with 
hose  and  equipments,  and  for  the  building  of  an  Engine  House 
in  which  to  keep  the  same  for  the  use  of  the  city. 

Now,  Therefore,  I,  A.  R.  West,  Mayor  of  the  city  of  Cedar 
Rapids,  in  pursuance  of  said  resolution,  and  by  authority  in 
me  vested,  do  hereby  give  notice  to  the  legal  and  qualified 
voters  of  the  said  city,  that  there  will  be  a special  election 
held  at  the  Board  of  Trade  room  in  said  city,  on  Monday  the 
9th  day  of  December.  A.  D..  1867,  (polls  to  open  at  9 o’clock 
A.  M.,  and  close  at  4 o’clock  p.  m.  of  said  day),  for  the  purpose 
of  submitting  the  question  of  said  Council  borrowing  the  sum 
of  Ten  Thousand  Dollars,  payable  in  manner  and  form,  and 
for  the  purposes  hereinbefore  set  forth.  Those  in  favor  of 


CtTY  ORDINANCES. 


117 


said  loan  will  cast  a ballot  on  which  shall  be  written  or  printed 
“ in  tavor  of  the  loan.’'  Those  opposed  to  said  loan  will  cast 
a ballot  on  which  shall  be  written  or  ])rinted,  the  words 
‘‘ Against  the  loan."  A majority  of  the  votes  cast  to  decide 
the  said  (]nestion.  (^Signed)  A.  R.  WESd’, 

]\layor  of  the  city  of  Cedar  Rapids,  Iowa. 

Which  said  proclamation  was  duly  published  tiie  time  and 
in  the  manner  required  by  law. 

And  Whereas,  In  accordance  with  the  said  proclamation, 
the  said  election  was  held  at  the  time  and  place,  and  in  the 
manner  and  form  as  therein  required;  at  which  election  the 
whole  number  ot  votes  cast  was  one  hundred  and  seventy-five, 
of  which,  one  hundred  and  fifty  were  in  favor  of  said  loan,  and 
twenty-five  against  said  loan;  being  a majority  in  favor  of  the 
said  loan,  which  said  votes  were  duly  counted,  cain'assed  and 
approved  by  the  City.  Council. 

Sec  1.  2s  ow.  Therefore,  Be  it  ordained  hy  the  City 
Coiineil  of  the  City  of  Cedar  Bapids:  That  in  order  to 

carry  out  tlie  object  of  said  special  election,  and  to  provide  foi* 
the  issuing  of' the  said  bonds,  and  for  the  purpose  of  establish- 
ing a sinking  fund  to  provide  the  means  to  pay  any  indebted- 
ness created  thereby;  the  Mayor  and  Recorder  of  the  city  of 
Cedar  Rapids,  are  hereby  authorized,  empowered  and  directed, 
to  execute  and  issue  the  bonds  of  the  city  amounting  in  the 
aggregate  to  the  sum  of  Ten  Thousand  Dollars,  signed  by  the 
Mayor  and  countersigned  by  the  Recorder,  witli  the  corporate 

seal  of  the  city  affixed,  bearing  date,  the day  of A. 

D.,  1869.  Five  Thousand  Dollars  to  be  payable  in  five  years 
after  the  date  thereof,  and  I'ive  Thousand  Dollars  to  be  paya- 
ble in  ten  years  after  the  date  thereof,  to or in  sums 

of dollars  each,  with  interest  thereon  at  the  rate  of  ten 

per  cent,  per  annum,  interest  payable  semi-annually,  with 
interest  coupons  thereto  attached  signed  by  the  Mayor,  bear- 
ing even  date  with  the  bonds.  The  principal  and  interest  of 


.118 


CITY  ORDINANCES. 


said  bonds  to  be  payable  at  the  First  National  Bank,  Cedar 
Rapids,  Iowa. 

Sec.  2.  The  title  of  said  bonds  shall  be  “ The  City  of 
Cedar  Rapids,  ten  per  cent.  Fire  Engine  Bonds,”  and  shall  be 
numbered  from  one,  upwards. 

Sec.  o.  The  Mayor  of  the  city  of  Cedar  Rapids  is  hereby 
authorized,  empowered  and  directed  to  negotiate  the  sale  of 
said  bonds,  and  the  coupons  attached,  to  any  j)crson  or  per- 
sons, but  at  a not  less  value  than  90  cents  on  the  one  dollar. 

Sec.  4.  For  the  redemption  of  said  bonds  aforesaid  at  ma- 
turity, and  for  the  payment  of  interest  to  accrue  thereon,  the 
said  city  of  Cedar  Rapids  hereby  pledges; 

First — Its  faith  and  credit. 

Second — The  taxes  levied,  and  to  be  levied  and  collected 
for  the  payment  thereof  on  all  property,  real  and  personal, 
subject  to,  and  to  become  subject  to  taxation  within  the  said 
city  of  Cedar  Rapids. 

Sec.  5.  That  at  the  same  time  that  the  other  annual  taxes 
of  said  city  are  levied,  there  shall  in  addition  thereto,  also  be 
levied  from  year  to  year,  by  the  City  Council,  an  annual  tax 
upon  the  property,  real  and  personal,  subject  to  taxation  for 
County  and  State  revenue,  a sum  sufficient  to  pay  the  interest 
for  one  year  on  all  bonds  issued  in  pursuance  of  this  ordi- 
nance, and  also  at  the  same  time  levy  such  sum  or  sums,  from 
year  to  year,  as  to  them  may  seem  proper  to  meet  and  pay  the 
principal  of  said  bonds  as  fast  as  the  same  become  due,  and 
when  the  City  Council  shall  have  made  such  levy,  it  shall  be 
the  duty  of  the  City  Assessor  to  extend  the  same  on  the  Col- 
lector’s book  for  the  year  in  which  the  levy  is  made,  and  in  a 
separate  column,  to  be  denominated  “ Fire  Engine  Tax,” 
which  tax  shall  be  collected  in  the  same  manner  as  the  other 
annual  taxes  of  the  city,  and  the  payment  thereof  to  be. inclu- 
ded and  enforced  by  the  same  regulations,  and  provdsions  of 


CITY  ORDINANCES. 


119 


statute  and  ordinance  as  obtains  in  reference  to  other  annual 
taxes  of  the  said  city. 

Sec.  H.  Iduit  it  shall  be  the  duty  of  the  Treasurer  of  said 
city  to  kee})  all  money  arising  from  the  collection  of  said 
fhre  Engine  Tax,  separate  and  apart  from  the  ordinary  funds 
of  ^aid  city,  to  be  sacredly  kept  and  paid  out  by  him  only  for 
the  payment  of  the  semi-annual  interest  accruing  and  due 
on  the  said  bonds,  and  for'  the  payment  of  said  l>onds  when 
due,  and  for  no  other  purpose. 

Sec.  7.  The  City  Treasurer  shall  have  power  to  raise  by 
temporary  loan  upon  the  credit  of  the  said  city  of  Cedai- 
Hapids,  sncli  sum  or  sums  of  money  as  may  be  needed  for  the 
payment  of  the  interest  on  the  said  bonds,  or  the  payment  of 
said  bonds  when  becoming  due,  and  for  which  there  shall  be 
no  funds  in  the  hands  of  the  Treasurer  of  the  said  city  for 
that  purpose,  but  in  all  cases,  such  temporary  loans,  with 
interest  not  to  exceed  ten  per  cent.,  shall  be  provided  for  and 
paid  out  of  the  first  mone^^s  of  Fire  Itngine  Tax  received  into 
the  City  Treasury. 

Sec.  8.  The  provisions  hereinbefore  contained  for  the  issu- 
ing of  bonds  and  establishing  of  a sinking  fund  shall  be  deem- 
ed and  taken  as  a part  of  the  contract  with  the  parties  pur- 
chasing the  said  bonds,  and  shall  not  be  repealed  or  modified 
so  as  in  any  manner  to  impair  the  security  thereby  aftbrded  to 
the  said  bondholders. 

Sec.  9.  All  ordinances  or  parts  of  ordinances  inconsistent 
with  the  provisions  of  this  ordinance  are  hereby  repealed. 

Passed  February  1st,  1869. 

Attest:  ^ J.  P.  COULTEK, 

I).  A.  Pkadley,  Mayor. 

Recorder. 


120 


Cn^  ORDINANCES. 


ORDfflAlSrCE  NO.  22. 

r 

AN  ORDINANCE  creating  Sinking  Fund. 

Whereas,  A proclamation  was  issued  by  A.  R.  W est, 
Mayor  of  the  city  of  Cedar  Rapids,  to  the  legal  and  qualified 
voters  of  said  city,  that  a special  election  would  be  held  on  the 
bth  day  of  December,  A.  D.,  1867,  for  the  purpose  of  submit- 
ting the  question  of  the  city  borrowing  the  sum  of  Ten  Thou- 
sand Dollars  for  purchasing  a Steam  Fire  Engine  with  hose 
and  equipments,  and  building  an  Engine  House  for  the  same. 

And  Whereas,  At  said  election  the  legal  and  qualified 
smters  of  said  city  decided  by  a legal  and  constitutional  major- 
ity of  votes,  tliat  said  City  Council  should  be  authorized  to 
borrow  said  sum  of  Ten  Thousand  Dollars  for  said  purpose. 

And  Whereas,  On  the  first  day  of  February,  A.  D.,  1869, 
an  ordinance  was  passed  by  said  City  Council  for  the  purpose 
of  issuing  city  bonds  to  etfect  said  loan,  and  also  providing 
for  a sinking  fund  to  pay  said  loan. 

Sec.  1.  Now,  Therefore,  Be  it  ordcmied  by  the  City 
Oouiioil  of  the  City  of  Cedar  Rapids:  That  said  Sinking 

Fund  be  created  for  the  purpose  of  paying  the  principal  and 
interest  on  said  bonds,  and  that  tlie  City  Council  of  said  city 
shall  levy  and'  collect  an  annual,  uniform  ad-valorum  tax  upon 
all  the  real  and  personal  property  within  the  limits  of  said 
city  of  Cedar  Rapids,  for  the  purpose  of  paying  the  principal 
and'  interest  to  become  due  on  said  bonds,  so  long  as  they 
shall  remain  unpaid,  which  assessment  in  no  case  shall  exceed 
the  sum  of  one  and  a half  mills  upon  the  assessed  value  of  the 
property  appraised  and  returned,  which  said  tax  shall  be  lev- 
ied and  collected  at  the  same  time,  and  in  the  same  manner 
as  the  ordinary  annual  tax  of  said  city  of  Cedar  Rapids;  and 
that  for  the  purpose  of  keeping  the  same  separate  and  distinct 
from  the  ordinary  revenue  of  said  city,  the  Assessor  for  the 
time  being  shall  extend  the  same  on  the  collection  book,  in  a 
separate  column  headed  “A  Sinking  Fund,”  which  said  tax 


CITY  ORDINANCES. 


121 


when  collected,  shall  be  appropriated  to  no  other  purpose  than 
the  payment  of  the  principal  and  interest  upon  said  bonds. 
Passed  February  4th,  1870. 

Attest:  A.  K.  WEST, 

Geo.  C.  Haman,  Mayor. 

Recorder. 


ORDIIS^AIS^CE  ]SrO.  23. 


AN  ORDINANCE  establishing  and  regulating  a Fire  Department  of  the 
city  of  Cedar  Rapids. 

Sec.  1.  Number  of  officers  and  men. 

2.  Election  and  appointment  of  officers  and  their  duties. 

3.  City  Council  may  appoint  until  next  election. 

4.  Equipment  of  officers. 

5.  Chief  Engineer ; authority  of. 

6.  May  require  aid  to  draw  fire  apparatus  to  fire ; buildings,  &c.. 

may  be  torn  down  or  blown  up. 

7.  Rate  of  speed  going  to  or  from  fire. 

8.  No  gambling,  or  device  allowed  in  Engine  House. 

9.  Penalty  for  interfering  with  firemen  when  on  duty. 

10.  Fire  Policemen  to  report  to  Chief  Engineer  for  duty. 

11.  Council  may  appoint  Engineer,  who  shall  have  control,  &c. ; com- 

pensation of. 

12.  Chief  Engineer  must  be  twenty-five  years  of  age,  and  a resident  of 

the  city  one  year. 

13.  Ordinance  No.  78  (old  No.)  repealed. 

Sec.  1.  Be  it  ordained  dy  the  City.  Couneil  of  the  City  of 
Cedar  Rapids:  That  the  Fire  Department  of  the  city  of 

Cedar  Rapids  shall  consist  of  a Chief  Engineer,  one  or  more 
Assistant  Engineers,  two  or  more  Fire  Policemen,  with  as 
many  Firemen  as  the  number  of  engines,  and  the  number  a,nd 
quantity  of  other  fire  apparatus  belonging  to  the  city  may 
from  time  to  time  require,  not  exceeding  forty  (40)  men  to 


122 


CITY  ORDINANCES. 


each  engine  company,  or  thirty  (30)  men  for  each  hose,  hook 
and  ladder  or  bucket  company,  including  officers. 

Se^j.  2.  The  ( 'hief  Engineer  shall  be  elected  by  the  legal 
and  qualified  electors  of  said  city,  as  other  city  officers  are 
elected,  on  the  first  Monday  in  March  of  each  year  after  the 
year  1870,  and  may  appoint  or  discharge  by  and  with  the  con- 
sent of  the  (ht}"  Council,  one  or  more  Assistant  Engineers, 
and  one  or  more  Fire  Policemen,  said  Chief  Engineer  shall  be 
responsible  for  all  acts  of  the  Assistant  Engineers  and  Fire- 
men and  Fire  Policemen,  when  acting  under  his  directions. 
[Te  shall  be  liable  to  such  fines  and  penalties  as  the  City 
Council  shall  from  time  to  time  determine.  It  shall  be  the 
duty  of  the  Chief  Engineer  to  exercise  a constant  supervision 
over  the  Fire  Department.  He  shall  have  the  general  charge 
of  all  property  belonging  to  the  city,  connected  with  the  Fire 
Department,  and  shall  see  that  the  same  is  always  kept  in 
good  repair  and  ready  foi’  immediate  use.  He  shall,  with  the 
approval  of  the  (^ommittee  on  Fire  Department,  order  and 
procure  such  repairs  as  may  be  necessary,  upon  the  engine  or 
other  fire  apparatus.  Ife  shall  have  charge  of  all  the  public 
cisterns,  and  shall  see  that  the  same  are  at  all  times  supplied 
with  water  and  in  proper  order  or  condition  to  be  used.  He 
shall  attend  at  ail  fires  which  may  occur  in  the  city,  and  all 
orders  given  by  him  to  any  Assistant  Engineer,  Company  or 
Firemen,  shall  be  promptly  obeyed.  He  shall  re].)ort  semi- 
annually, to-wit:  At  the  first  regular  meeting  of  the  City 

Council  in  March  and  September  of  each  year,  the  condition 
of  the  engines,  hose,  hook  and  ladders  and  othei*  a]>paratus 
belonging  to  the  city,  the  building  or  buildings  in  which  they 
are  kept;  and  also  to  recommend  such  additions,  alterations  and 
improvements  to  the  same,  as  he  may  deem  expedient.  He  shall 
report  to  the  Council  the  names  of  such  members  of  the  f^re 
1 )epartment  as  shall  have  disobeyed  orders,  or  neglected  or 
refused  to  do  tlieir  duty,  and  he  shall  also  report  monthly  to 
the  Council  for  confirmation,  the  names  of  such  persons  as 


CITY  ORDINANCES. 


123 


shall  have  been  elected  in  embers  of  the  different  companies. 
It  shall  be  his  duty  to  see  that  the  provisions  of  this  ordinance 
are  strictly  enforced.  In  the  absence  of  the  Chief  Engineer 
it  shall  be  the  duty  of  the  Assistant  Engineer  highest  in  rank 
present,  to  perform  all  the  duties  of  Chief  Engineer. 

Sec.  3.  The  City  Council  shall  have  power  to  appoint  a 
Chief  Engineer,  who  shall  serve  until  the  next  general  elec- 
tion, and  until  his  successor  is  elected,  and  qualified;  and  in 
case  of  a vacancy  in  the  office  of  Chief  Engineer  by  resigna- 
tion or  otherwise,  the  City  Council  shall  fill  such  vacancy  by 
ballot. 

Sec.  4.  When  on  duty,  the  Chief  Engineer  and  Assistant 
Engineers  shall  each  wear  a white  fire  hat  or  cap,  with  the 
name  of  his  office  on  the  front,  hat  or  cap  of  the  same 

color  shall  be  worn  by  any  other  fireman;  they  shall  also  carry 
a bright  metalic  speaking  trumpet,  which  shall  be  furnished 
b}^  the  city. 

Sec.  5.  The  Chief  Engineer  or  either  of  the  Assistant 
Engineers,  shall  severally  have  power  to  command  such  assis- 
tance from  the  inhabtants  of  the  city,  for  the  suppression  or 
extinguishing  of  fires,  and  for  the  preservation  of  property 
exposed  to  fire,  as  may  be  required.  They,  or  either  of  them, 
shall  have  full  power  to  suppress  all  tumults  and  disorder 
at  fires,  and  the  Chief  Engineer,  or  Assistant  Engineer 
in  command,  shall  have  power  to  order  any  company, 
fireman,  or  other  person,  away  from  the  neighborhood 
of  said  fires,  in  case  any  such  person  refuses  or  neglects 
to  render  such  assistance  as  above  required,  and  shall 
not  be  excused  by  the  Engineer  in  command;  or  shall  refuse 
to  obey  any  other  lawful  command  of  the  Chief  Engineer  or 
Assistant,  or  if  such  fireman  or  other  person  shall  refuse  or 
neglect  to  depart  when  ordered  so  to  do,  as  aforesaid,  the  fire- 
man or  other  person  so  offending,  shall,  for  each  offense,  for- 
feit and  pay  a fine  not  exceeding  twenty  (20)  dollars,  nor  less 
than  five  (5)  dollars. 


124 


CITY  ORDINANCES. 


Sec.  6.  It  shall  be  lawful  for  the  Chief  Engineer  or  any 
Assistant  Engineer,  Foreman  or  Assistant  Foreman,  of  any  fire, 
hose  or  liook  and  ladder  company,  to  require  the  aid  of  any  dray- 
man with  his  horse  and  dray,  or  any  citizen,  inhabitant,  or 
by-stander,  in  drawing  or  conveying  any  engine  or  other  fire 
apparatus  to  the  fire,  and  on  refusal  or  neglect  of  any  person 
to  comply  with  such  requisition,  the  ofiender  shall,  for  every 
default,  forfeit  and  pay  a penalty  of  not  less  than  one  (1)  dol- 
lar nor  more  than  five  (5)  dollars.  The  Engineer  in  command 
may  order  any  building,  erection,  or  fence  torn  down  or  blown 
up,  when  they  shall  deem  it  necessary  to  arrest  the  progress 
of,  and  extinguish  the  fire. 

Sec.  T.  No  hose  carriage,  hook  and  ladder  truck,  or  engine 
shall  be  drawn  faster  than  a walk  on  its  return  from  a fire,  or 
an  alarm  of  fire,  nor  shall  any  such  carriage  or  engine  be 
drawn  on  any  sidewalk,  nor  shall  any  such  carriage  or  engine 
be  drawn  to  a fire,  or  an  alarm  of  fire,  in  a manner*  calculated 
to  endanger  the  safety  of  persons  or  property  on  the  streets  or 
alleys  of  this  city,  under  a penalty  of  not  less  than  five  (5) 
dollars,  nor  more  than  twenty  (20)  dollars,  to  be  collected  of 
the  company  so  oifending. 

Sec.  8.  No  cards,  dice,  or  other  articles,  used  for  gambling, 
shall  be  brought  into,  or  suffered  to  remain  in  any  building 
used  as  an  Engine  House ; nor  shall  any  spirituous  or  malt 
liquors  be  used  therein,  and  no  such  building  shall  be  opened 
on  Sunday,  except  in  case  of  an  alarm  of  fire. 

Sec.  9.  Any  person  who  shall  be  convicted  of  insulting, 
menacing,  or  wantonly  interfering  with  any  Engineer  or  Fire- 
man, while  on  duty,  or  shall  without  authority,  give  any  order 
to  any  Engineer  or  Fireman,  while  on  duty,  shall,  for  each 
offense,  forfeit  and  pay  a fine  of  not  less  than  five  (5)  dollars. 

Sec.  10.  It  shall  be  the  duty  of  any  Fire  Policeman  to 
repair  immediately  upon  an  alarm  of  fire,  to  the  place  of  the 
fire,  and  there  report  himself  and  remain  subject  to  the  Chief 


CITY  ORDINANCES. 


125 


Engineer,  or  his  Assistants,  for  the  discharge  of  police  duty, 
and  to  preserve  and  protect  property. 

Sec.  11.  The  engine  of  each  company  shall  be  in  charge  of 
an  experienced  engineman,  who  shall  have  entire  control  of 
the  working  of  the  engine,  shall  be  appointed  by  the  City 
Council,  and  he,  with  the  Chief  Engineer,  shall  receive  such 
compensation  as  shall  be  agreed  upon  by  said  City  Council. 

Sec.  12.  iS’o  person  shall  be  eligible  to  the  office  of  Chief 
Engineer  unless  he  be  a resident  of  said  city  at  least  one  year, 
and  shall  have  attained  the  age  of  twenty -five  (25)  years. 

Sec.  13.  All  of  ordinance  I^o.  78,  (old  ^7o.),  establishing 
and  regulating  a Fire  Department,  is  hereby  repealed. 

Passed  July  29th,  1870. 

Attest:  WM.  B.  LEACH, 

W.  B.  Stewart,  Mayor. 

Becorder. 


OEDIHAHCE  ISTO.  24. 


A]Sr  ORDINAISrCE  establishing  and  regulating  a Fire  Police  of  the  city 
of  Cedar  Rapids. 

Sec.  1.  Organization ; number ; must  be  property  owners. 

2.  Shall  adopt  a Constitution  and  By-Laws ; approval  of  Council,  &c. 

3.  Officers  and  their  term. 

4.  Duties  of  Fire  Police. 

5.  May  make  arrests-. 

6.  Power  of  commanding  officer ; penalty  for  refusing  to  obey  or- 

ders of  Police. 

7.  Shall  wear  badge  or  uniform. 

Sec.  1.  it  ordained  hy  the  City  Council  of  the  City  of 
Cedar  Bapids:  That  there  may  be  organized  a Fire  Police 

Force  of  the  city  of  Cedar  Papids,  to  consist  of  not  less  than 


126 


OITT  ORDINANCES. 


fifteen,  nor  more  than  thirty  men,  resident  property  holders 
of  said  city. 

Sec.  2.  That  if  any  persons  unite  to  form  a company 
under  this  ordinance,  the  same  shall  adopt  a constitution  and 
by-laws,  and  present  the  same  duly  signed  by  the  officers  and 
members  thereof  to  the  City  Council  for  approval,  and  if 
approved  by  resolution  of  the  Council,  they  shall,  after  taking 
the  usual  oath  of  office  constitute  the  Fire  Police,  and  shall 
be  a part  of  the  Fire  Department  under  ordinance  ]^o.  23, 
(old  FTo.  96)  creating  said  Department  of  said  city,  until  their 
authority  is  revoked  by  said  Council. 

Sec.  3.  The  officers  of  the  Fire  Police  shall  consist  of  a 
Captain,  1st  and  2d  Lieutenants,  Secretary  and  Treasurer,  to 
be  elected  by  the  company  and  approved  by  the  City  Council, 
and  one  or  more  Sergeants,  and  such  other  officers  as  the  com- 
pany may  provide  for  in  their  constitution,  to  be  appointed 
by  the  Captain,  and  shall  hold  their  offices  for  the  term  of  one 
year,  or  until  their  successors  are  elected  and  appointed. 

Sec.  4.  It  shall  be  the  duty  of  the  Fire  Police,  immedi- 
ately on  the  alarm  of  fire,  to  repair  to  the  place  of  fire,  and 
report  to  the  Chief  Engineer  for  orders,  and  under  whose 
directions  they  shall  take  charge  of  the  buildings  and  con- 
tents, superintend  and  direct  the  removal  of  merchandise  and 
property  to  places  of  safety  when  necessary,  and  protect  the 
same,  preserve  order,  and  quiet,  keep  all  idle,  unnecessary 
and  suspicious  persons  from  the  vicinity  of  the  fire,  and  they 
shall  have  all  the  powers  of  the  City  Marshal  to  make 
arrests,  quell  disturbances,  and  preserve  order  that  may  be 
possessed  by  that  officer  or  any  peace  officer  within  the  limits 
of  the  city. 

Sec.  5.  During  the  time  of  a fire,  and  twenty-four  hours 
thereafter,  or  longer  by  order  of  the  Mayor,  it  shall  be  lawful 
for  the  Fire  Police,  under  direction  of  their  commanding  offi- 
cer, to  make  all  necessary  arrests  of  any  suspected  persons,  or 
any  persons  hindering,  resisting,  or  refusing  to  obey  any  such 


CrrY  ORDINANCES. 


127 


officer,  or  officers  of  the  tire  department  while  acting  in  the 
discharge  of  their  duty,  to  prevent  persons  from  meddling 
with  or  treading  on  the  hose,  or  teams  from  running  over  the 
hose  while  in  use. 

Sec.  6.  The  commanding  officer  of  the  Fire  Police,  with 
the  advice  of  the  Chief  Engineer,  shall  have  power  to  exclude 
all  persons  but  firemen  from  a certain  space  surrounding  any 
fire,  and  shall  have  full  power  to  command,  and  order,  all  per- 
sons present  to  assist  in  the  extinguishment  of  the  same,  or 
in  the  removal  of  and  preservation  of  property,  and  any  per- 
son who  refuses  to  obey  any  such  officer,  or  his  subordinates 
in  any  of  the  matters  contained  in  this  ordinance,  shall  be 
deemed  guilty  of  a misdemeanor,  and  upon  conviction,  be 
fined  not  less  than  one,  nor  more  than  one  hundred  dollars 
and  costs  of  prosecution. 

Sec.  7.  The  Fire  Police  shall  wear  a uniform  or  some 
conspicuous  badge,  while  on  duty,  in  order  that  they  may  be 
easily  recognized. 

Passed  I^oyember  13th,  1874. 

Attest:  A.  B.  HULL, 

J.  C.  Stoddard,  Mayor. 

Recorder. 


ORDIHAA^CE  HO.  25. 


AN  ORDINANCE  for  the  prevention  of  Fires. 

Sec.  1.  Appointment  of  Fire  Policeman. 

2.  Duties  of  Fire  Policeman  defined. 

3.  To  prevent  pipes  passing  through  side  or  roof. 

4.  Inside  pipes ; how  secured. 

5.  Flues,  how  to  be  constructed. 

6.  Examinations  in  day  time. 


128 


CITY  ORDINANCES. 


7.  To  prevent  cinders  and  sparks  escaping. 

8.  All  chimneys,  &c.,  to  be  cleaned  once  in  each  year. 

9.  Penalty  for  violations,  &c. 

10.  Compensation  of  Fire  Policeman. 

11.  Term  of  office;  Council  to  control. 

12.  Repealing  clause. 

Sec.  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of 
Cedar  Rapids:  That  there  shall  be  appointed  by  the  City 

Council,  a Fire  Policeman,  who  shall  perform  the  duties  pre- 
scribed by  this  ordinance. 

Sec.  2.  It  shall  be  the  duty  of  the  Fire  Policeman,  during 
the  months  of  October  and  ISTovember  of  each  year,  and  at 
such  other  times  as  he  may  deem  proper,  to  examine  all  chim- 
neys, fire-places,  hearths,  ovens,  stove-pipes,  flues,  smoke- 
stacks, furnaces,  flxed  boilers,  or  other  apparatus  or  fixtures  in 
all  buildings  in  this  city,  which  may  cause  or  promote  fires; 
also  all  places  for  the  deposit  of  ashes,  and  all  places  contain- 
ing shavings,  or  other  combustible  mp^tter  from  which  danger 
by  fire  may  be  apprehended,  and  if  he  shall  find  any  such  to 
be  in  a defective  or  unsafe  condition,  he  shall  order  the  occu- 
pant of  the  premises  where  the  same  is  situated,  to  alter, 
repair,  remove  or  abate  the  same,  and  if  such  order  is  not 
complied  with  after  reasonable  notice,  the  Fire  Policeman 
shall  abate  or  remove  the  same,  by  consent  of  the  Mayor,  and 
the  owner  or  occupant  shall  be  liable  for  the  costs  of  such 
removal  or  abatement,  in  a civil  action  brought  in  the  name 
of  the  city. 

Sec.  3.  FTo  person  shall  in  this  city,  extend  any  stove- 
pipe or  sheet-iron,  or  other  metalic  flue  through  the  roof  or 
side  of  any  building,  out-building,  or  addition  to  any  build- 
ing. 

Sec.  4.  The  pipe  of  any  stove  which  passes  through  any 
portion  of  the  inside  of  the  building  in  which  the  same  is 
used,  shall  be  at  least  two  inches  from  any  wood,  and  securelj^ 
surrounded  by  some  fire-proof  material. 

Sec.  5.  All  chimney  flues  hereafter  built  within  this  city. 


CITY  ORDINANCES. 


129 


shall  be  built  of  well  burned  brick;  the  wall  not  less  than 
four  inches  thick,  the  inside  surface  well  covered  with  a coat 
of  plaster,  and  said  Hues  shall  project  not  less  than  two  feet 
from  the  roof  of  the  building,  measuring  from  the  top  of  the 
chimney  to  the  nearest  point  of  the  roof. 

Sec.  t).  The  examinations  made  by  the  Fire  Policeman  by 
virtue  of  section  two  of  this  ordinance,  shall  be  on  week  days 
and  during  the  day  time. 

Sec.  7.  Every  smoke-stack  of  any  stationary  steam  engine, 
or  of  any  steam  mill -or  factory,  or  of  any  steam  works  of  any 
kind,  now  or  hereafter  operated  in  this  city,  shall  be  so  con- 
structed or  arranged,  that  neither  sparks,  cinders  nor  coals  can 
escape  therefrom ; and  any  person  making  use  of  any  such 
smoke-stack,  not  so  constructed  or  arranged,  shall  be  deemed 
guilty  of  a misdemeanor,  and  fined  as  hereinafter  provided. 
The  provisions  of  section  two  of  this  ordinance  are  also  declar- 
ed applicable  to  any  such  smok-e-stack  not  so  constructed  or 
arranged. 

Sec.  8.  Tt  shall  be  the  duty  of  every  person  owning  prop- 
erty within  this  city,  and  of  every  person  occupying,  using  or 
controling,  either  as  tenants  or  otherwise,  any  property  in  this 
city,  once  in  each  year,  on  or  before  the  first  day  of  October, 
to  thoroughly  and  properly  clean  out  and  remove  all  soot  or 
other  obstruction  that  may  have  accumulated  in  any  chimney, 
fire-place,  hearth,  stove,  stove-pipe,  fines,  smoke-stack,  fur- 
nace, fixed  boiler,  or  other  apparatus  that  may  be  in  or  upon 
any  property  so  owned,  occupied  or  controled  as  aforesaid. 

Sec.  9.  Any  person  violating  any  of  the  provisions  of  this 
ordinance,  or  refusing  to  comply  with  any  lawful  directions 
given  by  the  Fire  Policeman,  or  who  shall  hinder  or  obstruct 
him  in  the  discharge  of  his  duty  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction,  be  fined  not  less  than  five 
nor  exceeding  one  hundred  dollars. 

Sec.  10.  The  Fire  Policeman  shall  be  entitled  to  compensa- 
tion not  to  exceed  two  dollars  for  each  day’s  services  rendered  in 


130 


CITY  ORDINANCES. 


the  discharge  of  his  duties  as  herein  provided,  when  actually 
engaged  in  the  discharge  of  the  same. 

Sec.  11.  The  Fire  Policeman  shall  hold  his  office  during 
the  pleasure  of  the  City  Council  who  may  remove  and  appoint, 
as  they  see  fit. 

Sec.  12.  All  ordinances  or  parts  of  ordinances,  conflicting 
with  this  ordinance,  are  hereby  repealed. 

Passed  October  12th,  1866. 

Attest:  A.  K.  WEST, 

Geo.  C.  Haman,  Mayor. 

Recorder. 


ORDTNAXCE  NO.  26. 

AN  ORDINANCE  relative  to  changing  the  name  of  Walnut  Street  to 
Park  Avenue. 

Sec.  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of 
Cedar  Bapids:  That  the  name  of  Walnut  Street  in  the 

Fourth  Ward  of  this  city  is  hereby  changed  to  Park  Avenue, 
and  by  the  name  of  Park  Avenue  said  street  shall  be  known 
and  designated  in  all  the  official  acts  of  this  city. 

Passed  August  4th,  1871. 

Attest:  THOS.  Z.  COOK, 

J.  C.  Stoddard,  Mayor. 

Recorder. 


CITY  ORDINANCES. 


J31 


OllDIXANCE  XO.  27. 

AN  ORDINANCE  relative  to  cliaugiug  the  name  of  Sugar  Street,  and 
g^iving  a name  to  the  Public  Park  on  the  north-east  side  of  Sugar 
Street. 

Whereas,  A laro’e  number  of  residents  and  property  owners 
on  Sugar  Street  have  petitioned  the  (hty  Council  that  the 
name  of  Sugar  Street  be  changed  to  Franklin  Avenue,  and 
that  the  Park  on  the  north-east  side  of  Sugar  Street,  be  named 
Franklin  Park;  therefore, 

Sec.  1.  Be  it  ordained  hy  th  e City  Coaoudl  of  th  e City  of 
Cedar  Bajnds:  That  the  name  of  Sugar  Street  in  said  city 

is  hereby  changed  to  Franklin  Avenue. 

Sec.  2.  That  the  Public  Park  lying  on  the  north-east  side 
of  Sugar  Street,  is  hereby  named  Franklin  Park,  and  by  that 
name  shall  hereafter  be  officially  known  and  designated. 

Passed  June  9th,  1(ST1. 

Attest:  TTIOS.  Z.  COOK, 

J.  C.  Stood  A Rj),  Mayor. 

Recorder. 


ORDIXAXGE  NO.  28. 

AN  ORDINANCE  changing  the  name  of  Market  Street. 

Whereas,  A large  majority  of  residents  and  property  owners 
on  Market  Street  have  petitioned  the  City^  Council  of  Cedar 
Rapids,  to  change  the  name  of  said  street  to  Park  Avenue; 
therefore. 

Sec.  1.  Be  it  ordaiiied  hy  the  City  Council  of  the  City  of 


132 


OTTY  ORDINANCES. 


Cedar  Rajnds:  That  the  name  of  Market  Street  in  said  city, 

is  hereby  changed  to  Park  A venue. 

Passed  June  25th,  1869. 

Attest:  A.  P.  WEST, 

Geo.  C.  Haman,  Mayor. 

Pecorder. 


OPDINANCE  ]SrO.  29. 

AN  ORDINANCE  for  the  numbering  of  lots  and  naming  of  streets. 

Sec.  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of 
Cedar  Rapids:  That  the  several  Streets,  Avenues,  and  Pub- 

lic Squares  of  this  city,  shall  hereafter  be  known  by  the  names 
respectively  thereto  applied  on  the  recorded  ]3lat  of  the  town 
(now  city)  of  Cedar  Papids. 

Sec.  2,  All  that  portion  of  the  city  lying  north  of  Iowa 
Avenue  to  be  known  and  designated  as  the  north  division  of 
the  city,  and  all  that  part  south  of  Iowa  Avenue  to  be 
known  and  designated  as  the  south  division  of  the  city. 

Sec.  3.  That  all  lots  in  the  said  city  shall  be  numbered, 
each  twenty  (20)  feet  front  (including  alleys)  constituting  one 
number;  numbers  to  commence  and  run  as  follows,  to- wit: 
ISTumbers  on  Iowa  Avenue  and  all  streets  running  parallel 
therewith,  to  commence  at  Commercial  Street,  even  numbers 
being  placed  on  the  left  hand  side,  and  odd  iiumbers  on  the 
right  hand  side  of  the  streets.  Numbers  on  Commercial 
Street  and  all  streets  running  parallel  therewith,  to  commence 
on  Iowa  Avenue,  even  numbers  being  placed  on  the  left,  and 
odd  numbers  on  the  right  hand  side  of  the  streets,  in  the 


CITY  ORDINANCES. 


138 


south  division,  and  odd  nnnihers  on  the  left,  and  even  mini- 
bers  on  the  right  hand  side,  in  the  north  division  of  said  city. 

Sec.  4.  There  sliall  he  provided  by  the  City  Council  a map 
of  said  city,  on  which  every  person’s  premises  shall  be  repre- 
sented by  its  proper  number,  which  map  shall  be  kept  in  the 
ofhce  of  the  Mayor,  and  open  for  public  inspection  at  all  rea- 
sonable times;  said  premises  to  be  numbered  from  time  to 
time,  when  ordered  by  the  City  Council,  as  hereinafter  provi- 
ded. 

Sec.  5.  The  City  Council  may  from  time  to  time,  as  it 
may  think  necessary,  prescribe  by  resolution,  what  premises 
on  any  streets  or  parts  of  streets  shall  be  numbered  in  pursu- 
ance of  this  ordinance,  which  shall  be  published  twice  in  a 
weekly  newspaper  published  in  the  said  city,  and  any  and  all 
persons  owning  or  occupying  any  such  premises,  shall  within 
thirty  (^30)  days  after  the  last  publication  of  such  resolution, 
place  upon  the  building  or  buildings  (if  any)  fronting  upon 
such  streets,  the  proper  numbers  as  numbered  on  the  map 
aforesaid. 

Sec.  6.  Eacdi  of  the  figures  of  every  number  shall  be  not 
less  than  three  (3)  inches  in  length,  being  so  marked  as  to  be 
distinctly  and  easily  read ; such  number  shall  be  placed  in  a 
conspicuous  place  on  the' side  or  above  the  front  door  of  the 
building,  and  if  there  is  no  front  door,  over  the  window. 

Sec.  T.  Any  person  owning  or  occupying  any  such  prem- 
ises, who  shall  neglect  or  refuse  to  place  on  the  premises,  as 
shall  be  set  forth  or  included  in  any  resolution,  the  proper 
number,  within  thirty  (30)  days  after  the  last  publication 
thereof  shall  be  liable  to  a penalty  ot  five  (5)  dollars,  and  to  a 
penalty  of  five  (5)  dollars  for  each  and  every  thirty  (30)  days 
thereafter  that  such  number  is  not  placed  on  the  building  or 
buildings  as  aforesaid,  and  the  City  Council  shall  order  said 
numbers  to  be  placed  as  required  by  the  ordinance,  and  assess 
the  cost  of  the  same  to  the  property,  and  collect  the  same  as 
other  taxes  are  collected. 


lU 


cm*  ORDINANCTRS. 


Sec.  8.  The  (hty  Council  may,  whenever  it  shall  deem  the 
same  necessary,  provide  from  time  to  time,  at  the  expense  of 
the  city,  proper  signs,  on  which  shall  be  paiiited  the  names  of 
streets  and  avenues,  and  have  the  jsame  placed  on  the  corners 
of  any  block  or  blocks  said  Council  may  designate,  in  conspic- 
uous places  thereon. 

Passed  January  24th , 

Attest:  ' A.  K.  WEST, 

D.  A.  Bradley,  Mayor. 

Kec'order. 


OEDIAAI^CE  NO.  80. 


AN  ORDINANCE  relative  to  Street  Tax,  and  providino;  for  the  appoint- 
ment of  a Street  Commissioner. 


Sec.  1 . Office  of  Street  Commissioner  created. 

2.  Every  male  inhabitant  to  labor  on  road  or  street  two  days  each 
year,  or  pay  two  dollars. 

8.  Street  Commissioner  notify ; notice,  form  of. 

4.  Treasurer  to  give  receipt  and  report  to  Council  condition  of  street 

tax  fund. 

5.  Recorder  to  provide  receipts  and  notices,  also  list  of  persona 

required  to  labor. 

(j.  Street  Commissioner  to  issue  receipts  for  labor,  and  account  to 
Treasurer. 


Sec.  1.  Be  it  ordairied  hy  the  City  Council  of  the  Cihy  of 
Cedar  Rapids:  That  the  office  of  Street  Commissioner  is 

hereby  created,  and  there  may  be  annually  appointed  by  the 
said  Council,  a suitable  person  to  till  the  same,  who  shall 
discharge  such  duties  as  are  herein  provided,  and  such 
further  duties  as  may  be  designated  by  the  (hty  Council, 
and  shall  receive  such  compensation  as  may  be  fixed  by  said 
Council  from  time  to  time. 

Sec.  2.  That  every  male  inhabitant  of  the  age  of  twenty- 


OXTT  ORDINANOER. 


m 


one  yeai's,  jiiul  ninler  the  age  of  forty-five  years,  is  liereby 
re([nired  to  labor  two  days  in  each  year  upon  the  streets,  roads 
and  alleys,  at  sncb  time  and  place,  and  in  sncb  manner  as  the 
Street  Commissioner  may  appoint  and  dii’eet,  but  every  sncb 
person  may,  at  bis  option,  pay  at  the  rate  of  one  dollar  in 
casb  for  eveiy  day  be  may  be  bound  to  labor,  provided  sncb 
payment  be  made  to  the  City  Treasurer  previous  to  the  first 
day  on  wbicli  be  shall  have  been  notified  to  labor,  and  in  de- 
fanlt  of  payment  being  'made  by  sncb  day,  as  aforesaid,  the 
snni  of  two  dollars  may  be  collected  of  su(‘h  person,  with 
costs. 

Sec.  d.  The  Street  Commissioner  is  hereby  authorized  to 
demand  the  services  of  all  persons  subject  to  sncb  tax  as  afore- 
said, by  serving  a written  or  printed  notice  at  least  five  days 
previous  to  the  day  first  appointed  to  commence  labor,  which 
notice  may  be  in  the  following  form,  viz:  Sir — You  are 

hereby  notified  and  required  to  appear  at  the  City  Hall 

at  eight  o’clock  a.  m.  on  the day  of , with for  the 

purpose  of  laboring  upon  the  streets  under  my  direction.  In 
case  you  fail  to  appear  and  labor,  you  are  required,  on  or  be- 
fore the  first  day  mentioned,  to  pay  the  City  Treasurer  two 
dollars  in  cash,  otherwise  you  shall  become  liable  to  be  sued 
for  the  same  without  further  notice.” 


Street  Commissioner. 

Sec.  T.  That  it  shall  be  the  duty  of  the  City  Treasurer, 
upon  payment  being  made  as  aforesaid,  to  issue  a receipt 
therefor,  specifying  the  year  for  which  payment  was  made, 
and  the  nature  thereof,  and  shall  keep  a re(*nrd  of  the  same, 
and  no  payment  shall  be  made  from  such  fund,  except  upon 
order  of  the  City  Council;  and  the  Treasurer  shall  pay  each 
order  so  drawn,  and  charge  the  same  to  tlie  street  tax  fund. 
The  Treasurer  shall  report  to  the  City  Council,  whenever  re- 
quired, the  state  of  the  street  tax  fund,  and  at  all  times  give 


136 


CITY  ORDINANCES. 


to  the  Street  (Jommissioner  such  information  as  he  may  desire 
relative  to  such  fund. 

Sec.  5.  That  the  Kecorder  shall,  under  the  direction  of 
the  Finance  Committee,  jirovide  appropriate  receipts  and 
notices  for  the  Treasurer  and  Street  Commissioner,  and  fur- 
nish the  Commissioner  with  an  alphabetical  list  of  all  persons 
required  to  perform  street  labor,  which  list  shall  be  entered 
by  him  in  a book  kept  for  that  purpose.  And  it  shall  be  the 
further  duty  of  the  Kecorder,  to  place  said  book  in  the  hands 
of  the  Treasurer  for  his  collection  as  aforesaid,  taking  his 
receipt  therefor. 

Sec.  6.  That  the  Street  Commissioner  shall  issue  his  re- 
ceipts to  all  persons  who  may  labor  upon  the  streets  under 
his  direction  for  two  days,  and  it  shall  be  his  duty  to  return 
to  the  Treasurer,  weekly,  a list  of  all  such  y)ersons  whose 
labor  he  has  receipted  for. 

Passed  November,  28th,  1856. 

Attest:  ISAAC  N.  WHITTAM, 

D.  M.  McIntosh,  Mayor. 

Kecorder. 


OKDTNANCE  NO.  31. 


AN  ORDINANCE  establishing  a Board  of  Health. 

Sec.  1.  Appointment  of  three  members  of  medical  profession  to  consti- 
tute a Board  of  Health. 

2.  Chairman;  Quorum. 

3.  Pi'ovides  for  sessions ; removal;  vacancies,  how  filled. 

4.  General  supervision. 

5.  Power  of  Board  to  make  regulations, 
t).  Board  shall  publish  notice. 

7.  Shall  abate  nuisance. 


OITY  ORDINANCEf?. 


137 


8.  Persons  refusing  or  neglecting  to  comply  shall  be  liable  to  penalty. 

9.  Marshal  to  serve  notice;  manner  of. 

10.  Expenses  to  be  paid  by  persons  causing  nuisance. 

11.  Violation  of  Regulations  of  Board  a misdemeanor. 

12.  Board  to  keep  a record  book. 

13.  Compensation  of  members. 

Sec.  1.  Beit  ordained  hy  the  City  Council  of  the  City  of 
Cedar  Rapids:  That  there  be  appointed  annually  by  the 

City  Council,  at  the  first  session  in  April  of  each  year,  three 
Health  Officers,  consisting  of  three  members  of  the  medical 
profession,  who  shall  be  styled  a Board  of  Health. 

Sec.  2.  That  the  first  health  officer  appointed  as  aforesaid, 
shall  be  considered  the  chairman  of  the  Board;  and  any  two 
members  of  the  same  shall  constitute  a quorum  for  the  trans- 
action of  business. 

Sec.  8.  Said  Board  shall  sit  upon  its  own  adjournments, 
and  at  such  time  and  place  as  it  may  designate;  any  member 
of  the  Board  may  be  removed  and  the  vacancy  filled  at  the 
pleasure  of  the  City  Council,  and  a vacancy  in  said  Board, 
however  occasioned,  may  be  filled  at  any  time  by  the  City 
Council. 

Sec.  4.  The  Board  of  Health  shall  have  a general  super- 
vision over  the  health  of  the  city,  the  cleanliness  of  the  streets, 
alleys,  avenues,  market  places,  public  squares,  lots,  yards, 
buildings  and  enclosures  of  every  description.  Said  Board 
shall  h^ve  power  to  examine,  or  cause  to  be  entered  upon  and 
examined  in  the  day  time,  all  houses,  cellars,  enclosures  and 
all  other  places  wdthin  the  city,  to  ascertain  their  condition ; 
to  make  such  regulations  as  it  may  deem  necessary  for  the 
public  health  and  safety  respecting  nuisances,  sources  of  filth, 
and  causes  of  sickness  within  the  city,  and  may  exercise  such 
other  powers  as  shall  be  deemed  necessary  to  carry  into  exe- 
cution the  provisions  of  this  ordinance. 

Sec.  5.  The  Board  shall  have  power  to  make  regulations 
in  relation  to  cleaning  the  streets,  alleys,  drains  and  sewers  of 
the  city;  may  regulate,  prohibit  or  prevent  all  communica- 


138 


CITY  ORDINANCES. 


tion  or  intercourse  by  and  with  all  lionses,  tenements  and 
places,  and  the  persons  occupying  the  same,  in  which  there 
shall  he  any  persoji  sick  Avitli  any  contagious,  malignant  or 
infectious  disease;  and  in  all  cases,  when  in  tlie  judgment  of 
the  Board,  the  health  of  tlie  city  demands  it,  shall  cause  any 
person  within  the  limits  of  the  city,  sick  with  a disease  A\diich 
is  infectious,  contagious  or  dangerous  to  the  community,  to  be 
removed  to  a suitable  place  where  danger  to  the  inhabitants 
of  the  city  will  be  prevented;  to  employ  all  such  persons  as 
shall  be  necessary  to  carry  into  etfect  tlie  regidations  adopted 
by  the  Board,  and  to  fix  their  conp^ensation,  to  employ  physi- 
cians in  cases  of  po\'erty,  and  to  take  such  general  precautions 
and  actions  as  it  may  deem  necessary  for  the  public  health. 

Sec.  t).  The  Board  shall  give  notice  of  all  regulations 
made,  by  publishing  the  same  in  the  official  iieAvspaper  of  the 
city  for  tAvo  consecutive  AA^eeks,  and  sucii  notice  shall  be  deem- 
ed legal  notice  to  all  persons. 

Sec.  7.  The  Board  shall  examine  into  all  nuisances,  sources 
of  hltli,  and  causes  of  sickness  AAdthin  the  city,  and  shall  take 
immediate  measures  to  abate,  reniOA^e  or  prevent  the  same 
Avherever  found. 

Sec.  8.  Tlie  Board  shall  order  the  oAvner  or  occupant,  at 
his  own  expense,  to  remove  any  nuisance,  source  of  filth,  or 
cause  of  sickness  found  on  priA-ate  property  in  this  city,  with- 
in such  time  as  it  deems  reasonable,  and  if  such  person  neg- 
lects, or  refuses  to  comply  Avith  such  order,  he  shall  forfeit  to 
said  city,  a sum  not  exceeding  twenty-tlA^e  dollars  for  every 
day  during  which  he  knoAvingly  permits  such  nuisance  to 
remain,  after  the  time  prescribed  for  the  remoA^al  thereof. 

Sec.  9.  Such  notice  shall  be  made  in  Avriting,  and  shall  be 
served  by  the  City  Marshal,  in  the  manner  in  Avhich  original 
notices  in  the  commencement  of  civil  actions,  are  required  to 
be  served  by  the  laAvs  of  the  State  of  Iowa. 

Sec.  K).  If  the  owner  or  occupant  fails  to  comply  Avith 
such  order,  the  Board  may  cause  the  source  of  filth,  or  cause 


CITY  ORDINANCES. 


139 


of  sickness,  to  be  removed,  and  all  expenses  incurred  thereby 
shall  be  paid  by  such  persons. 

Sec.  11.  Any  person  who  shall  wilfully  violate  any  of  the 
regulations  so  made  and  published  by  the  Board  of  Health,  as 
provided  by  this  ordinance,  shall  be  guilty  of  a misdemeanor, 
and  upon  conviction  thereof,  shall  be  subject  to  a fine  or  im- 
prisonment, such  fine  not  to  exceed  one  hundred  dollars,  and 
such  imprisonment  not  to  exceed  thirty  days. 

Sec.  12.  The  Board  of  Health  shall  procure  a suitable  • 
book  in  which  they  shall  keep  a brief  record  or  synopsis  of 
their  action,  as  well  as  the  expenses  incurred  under  their 
orders ; Provided^  always^  the  expenses  of  removing  or  aba- 
ting nuisances  shall  in  all  cases  be  paid  by  the  owner  or  occu- 
pant of  the  premises  whereon  such  nuisances  are  found. 

Sec.  13.  The  Board  of  Health,  as  herein  provided  for, 
shall  receive  such  compensation  for  services  rendered,  as  the 
City  Council  shall  prescribe. 

Passed  July  11th,  1873. 

Attest:  J.  F.  CHAELES, 

J.  C.  Stoddard,  Mayor. 

Eecorder. 


OEDIHAHCE  HO.  32. 


AN  ORDINANCE  to  provide  for  ligliting  the  City  of  Cedar  Rapids  with 
Gas. 


Sec.  1.  W.  H.  Whitla  & Co.  vested  with  the  exclusive  privilege  of  streets 
and  alleys  for  20  years  for  laying  and  use  of  gas-pipes,  under 
restrictions. 

2.  Must  give  notice  to  Mayor  or  Street  Committee  before  opening 

any  street,  &c. 

3.  Regulating  price  of  gas  to  consumers,  and  providing  gas  for  city. 

4.  City  lamps  outside  of  mains  to  be  provided  for. 


140 


CITY  ORDINANCES. 


5.  Gas  Co.  required  to  complete  their  works  in  a prescribed  time, 

and  lay  certain  main  pipes,  and  upon  application,  extend  the 
same. 

6.  Providing  for  gas  in  4th  Ward. 

7.  Company  must  indemnify  the  city  from  loss  or  damage. 

8.  Company  to  have  equal  rights  with  any  other  Company,  at  expi- 

ration of  term. 

9.  Agree  to  erect  and  maintain  good  works,  until  expiration  of  grant. 

10.  In  case  of  failure  on  part  of  Gas  Co.  to  perform ; forfeit. 

Sec.  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of 
Cedar  Bapids:  That  for  the  purpose  of  encouraging  and 

promoting  the  introduction  of  gas  into  the  city  at  reasonable 
rates,  W.  IT.  Whitla  and  his  associates,  acting  under  the  name 
and  title  of  W.  H.  Wliitla  & Co.,  be,  and  are  vested  with  the 
exclusive  privilege  for  the  term  of  twenty  years  from  the  pas- 
sage of  this  ordinance,  of  using  the  streets  and  alleys  of  this 
city,  and  all  streets  and  alleys  that  may  hereafter  be  added, 
for  the  purpose  of  laying  down  in  said  streets  and  alleys,  pipes 
for  the  conveyance  of  gas  in  and  through  said  city,  for  the  use 
of  said  city  and  its  inhabitants,  provided  that  said  gas-pipes 
shall  not  interfere  with  the  drainage  of  said  city,  or  the  neces- 
sary construction  of  sewers,  or  the  underground  fixtures  for 
the  conveyance  of  water,  or  with  any  other  improvements  said 
city  may  deem  proper  to  make  upon  said  streets  or  alleys. 

Sec.  2.  That  whenever  said  Gas  Company  propose  to  open 
any  street  or  alley  for  the  purpose  of  laying  down  more  gas- 
pipes,  they  shall  give  the  Mayor  or  Street  Committee  one 
day’s  notice  thereof,  and  shall  not,  during  the  progress  of  their 
work,  unnecessarily  obstruct  the  passage  of  said  street  or 
alley;  and  further,  they  shall,  within  a reasonable  time,  repair 
such  portions  of  any  street  or  alley  they  may  have  broken  up, 
in  such  manner  as  they  found  it,  subject  to  the  approval  of 
the  Street  Committee  and  the  City  Council  -of  said  city,  pro- 
vided they  shall  not  interfere  with  the  city  authorities,  should 
they  be  engaged  in  improving  any  such  street  at  time  of 
notice,  and  shall  not  injure  or  remove  any  sliade  or  ornamen- 
tal trees  on  any  street,  avenue,  alley  or  public  place  in  said 
city. 


CITY  ORDINANCES. 


141 


Sec.  3.  That  in  consideration  of  the  privileges  granted  to 
tlic  company  aforesaid,  they  shall  furnish  the  citizens  with 
gas  at  a rate  not  exceeding  live  (5)  dollars  per  thousand  cubic 
ieet,  until  the  consumers  shall  reach  two  hundred  (200)  when 
the  price  shall  be  reduced  to  four  dollars  and  fifty  cents 
($T50)  per  thousand  cubic  feet,  when  the  number  of  consum- 
ers shall  reach  four  hundred  (400),  then  the  price  shall  be 
reduced  to  a price  not  exceeding  four  (4)  dollars  per  thousand 
cubic  feet,  and  so  remain  until  the  expiration  of  this  grant; 
provided,  that  any  discovery  or  improvements  be  made  in  the 
preparation  of  gas  from  coal  or  other  material,  either  fiuid  or 
solid,  by  which  the  cost  of  making  gas  will  be  materially 
diminished  and  the  same  shall  be  adopted  in  other  principal 
cities  of  the  country,  then  in  such  case  the  company  aforesaid 
shall  introduce  such  discovery  or  improvement  in  said  city  of 
Cedar  E-apids,  and  make  such  deductions  in  the  price  of  gas 
as  shall  be  effected  by  such  discovery  or  improvement;  and 
the  said  Gas  Company  shall  at  all  times  furnish  to  said  city, 
upon  the  streets,  avenues,  alleys  and  public  grounds,  through 
which  the  leading  main  pipes  may  be  laid,  for  the  purpose 
ot  supplying  the  citizens  with  gas,  such  quantities  of  gas  as 
may  be  ordered  by  the  City  Council  for  public  lamps  for  one- 
half  dollar  less  per  thousand  cubic  feet  than  the  price  paid  by 
the  citizens  at  the  same  time,  to  be  paid  monthly  in  par 
funds;  said  public  lamps  to  be  lighted  and  extinguished  at 
such  hours  as  the  City  Council  may  by  resolution  from  time 
to  time  direct.  The  lamp -posts,  lamp-metres  and  burners  are 
to  be  furnished  and  kept  in  repair  at  the  expense  of  the  said 
city,  unless  otherwise  arranged  with  the  said  Gas  Company. 
But  said  Gas  Company,  when  the  number  of  lamps  exceed 
one  hundred,  shall  light  and  extinguish  all  public  lamps  and 
keep  the  same  in  repair  at  their  own  cost  and  expense. 

Sec.  4.  That  if  the  said  City  Council  shall  decide  at  any 
time  to  erect  lamps  at  point  or  points,  near  which,  or  to  light 
any  street,  avenue,  or  alley  in  which  said  Company  has  no 


142 


CITY  ORDINANCES. 


main  pipes,  then  the  said  Company  shall,  for  a fair  compensa- 
tion paid  by  said  Council,  lay  down,  in  reasonable  time,  the 
necessary  main  pipes  and  fixtures  as  ordered  by  the  Council, 
and  the  lamps  thus  erected  shall  be  supplied  with  gas  by  the 
Company,  upon  the  terms  prescribed  in  the  preceding  sec- 
tions, and  the  said  lamps  shall  be  subject  to  the  same  regula- 
tions as  other  public  gas  lamps;  and  the  pipes  thus  laid  down 
at  the  expense  of  the  city,  shall  not  direectly  or  indirectly  be 
used  for  furnishing  gas  to  citizens,  nor  shall  other  gas  pipes 
be  laid  down  within  that  portion  of  the  street  or  alley  occupi- 
ed by  the  main  pipes  of  the  city,  until  the  amount  expended 
by  the  city  for  laying  down  the  same  shall  have  been  refunded 
to  the  city  by  the  Company  aforesaid. 

Sec.  5.  That  the  privileges  granted  in  the  preceding  sec-  . 
tions  are  made  upon  the  further  conditions  that  the  said  Gas 
Company  or  assigns  shall,  within  ninety  days  from  the  pas- 
sage hereof,  commence  making  arrangements  for  the  construc- 
tion of  gas  works,  and  on  or  before  the  first  day  of  Sept.,  A. 
D.  1ST2,  complete  the  apparatus  for  making  and  supplying 
the  city  with  gas,  and  shall  furnish  gas  on  or  before  the  time 
specified  for  the  completion  of  said  works,  and  shall  lay  down 
at  least  two  and  one-half  miles  of  main  pipe  in  the  principal 
streets  of  said  city,  including  the  business  part  thereof;  and 
said  Gas  Company,  shall  at  any  time,  and  from  time  to  time, 
upon  the  written  application  of  the  owners  or  occupants  of  ten 
buildings,  who  shall  set  forth  in  the  application  their  desire 
to  use  gas,  and  who  shall  be  situated  upon  any  one  street  or 
avenue,  all  of  which  buildings  shall  be  within  one  thousand 
feet  of  any  main  pipe,  within  six  months  after  such  applica- 
tion shall  be  made  to  them,  extend  or  lay  down  pipes  and 
supply  such  applicants  with  gas  upon  the  same  terms  and 
conditions  above  set  forth. 

Sec.  6.  That  whenever  the  owners  or  occupants  of  fifty 
buildings,  situated  in  the  Fourth  Ward  of  this  city,  shall 


CITY  ORDINANCES. 


143 


signify  in  writing  their  desire  to  use  gas,  and  shall  make  ap- 
plication to  said  Company  in  writing,  setting  forth  their 
desire  and  intention  to  use  gas,  said  W.  H.  Whitla  & Co.,  or 
their  assigns  shall  cause  to  be  laid  across  the  river  main  pipes, 
and  furnish  said  owners  or  occupants  with  gas  at  the 
same  rates  and  upon  same  conditions  above  prescribed, 
provided  that  not  more  than  one-half  mile  of  main  pipe  be 
required  from  west  bank  of  the  river  to  supply  said  applicants. 

Sec.  7.  That  the  said  W.  H.  Whitla  & Co.,  or  their  assigns, 
shall  fully  indemnify  and  save  harmless,  the  city  of  Cedar 
Rapids,  its  Mayor,  Recorder  and  Aldermen,  from  all  loss  or 
damage  they  may  sustain  by  reason  of  the  use  or  occupation 
of  any  street,  avenue,  alley  or  public  place,  by  the  Company, 
for  the  use  and  purposes  aforesaid. 

Sec.  8.  That  it  is  hereby  guaranteed  on  the  part  of  said 
city,  that  the  said  W.  H.  Whitla  & Co.,  and  assigns,  shall,  at 
the  expiration  of  the  privilege  herein  granted,  have  equal 
rights  and  privileges  v^ith  any  other  Gas  Company  that  may 
be  formed  in  the  city  of  Cedar  Rapids. 

Sec.  9.  The  said  W.  H.  Whitla  & Co.  undertake  and 
agree  to  and  with  the  said  city,  to  erect  within  the  limits  speci- 
fied, and  within  the  time  before  mentioned,  and  to  perma- 
nently maintain  good,  complete,  capacious  and  substantial 
gas  works,  equal  to  the  best  in  any  city  of  the  same  popula- 
tion in  the  State,  until  the  expiration  of  the  time  of  this  grant, 
and  to  make  and  furnish  to  said  city  and  the  citizens  thereof, 
a good  quality  of  gas,  equal  at  least  in  quality  to  the  best  gas 
works  in  the  State  of  Iowa. 

Sec.  10.  It  is  expressly  understood  that  if  the  said  Com- 
pany shall  wilfully,  or  without  good  cause,  fail  to  furnish  gas 
to  said  city  for  the  period  of  three  days,  or  shall  violate  or 
fail  to  comply  with  any  provisions  of  the  foregoing  sections, 
then  in  such  case  they  shall  forfeit,  at  the  option  of  the  City 


144 


CITY  OEDINANOE8. 


Council,  all  the  privileges  hereby  granted,  and  the  City  Coun- 
cil reserve  the  right  in  such  case  to  repeal  the  same. 

Passed  November  17th,  1871. 

Attest:  THOS.  Z.  COOK, 

J.  C.  Stoddard,  Mayor. 

Recorder. 


ORDINANCE  NO.  33. 

AN  ORDINANCE  relating  to  the  discharge  of  Fire-arms  and  tlic  explo- 
sion of  Powder. 

Sec.  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of 
Cedar  Rapids:  That  any  person  who  shall  discharge  any 

cannon,  gun,  fowling-piece,  pistol,  or  other  fire-arms,  or  shall 
burn  or  set  off  fire-crackers,  squibs,  or  other  fire- works  within 
this  city,  shall  be  deemed  guilty  of  a misdemeanor,  and  upon 
conviction,  shall  be  fined  not  less  than  one  dollar,  nor  exceed- 
ing fifty  dollars  for  each  offense;  Provided^  that  the  Mayor 
may  suspend  the  operation  of  the  preceding  provision  of  this 
section  in  whole  or  in  part,  on  the  Fourth  day  of  July,  or  any 
other  day  of  public  rejoicing,  and  provided  further,  that  noth- 
ing herein  contained  shall  prevent  the  shooting  of  dogs  by  the 
City  Marshal. 

Passed  April,  1861. 

Attest:  A.  R.  WEST, 

Geo.  C.  Haman,  Mayor. 

Recorder. 


OITY  ORDINANCES. 


145 


OKDmAlS^CE  1^0.  34. 

AN  ORDINAN('E  relating  to  the  keeping  of  Gun  Powder. 

Sec.  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of 
Cedar  Rapids:  That  no  person,  or  persons,  or  firm  shall 

keep  in  store  any  ^un  or  blasting  powder  in  any  house,  shop, 
or  other  place,  within  the  limits  of  the  city,  except  in  such 
place  or  magaziu.e,  as  shall  have  been  approved  by  the  Mayor 
of  the  city  I'or  that  purpose;  Provided^  that  any  person  or 
firm,  in  retailing  powder,  may  keep  for  retail  purposes  only,  a 
quantity  not  to  exceed  twenty-five  pounds  at  any  one  time,  at 
their  place  of  business;  Provided  further,  that  all  powder  so 
kept  for  retail,  shall  be  kept  in  covered  tin  canisters,  and 
labeled  ^T^owder,”  and  in  a situation  remote  from  fires,  lighted 
lamps  or  candles,  and  it  shall  he  the  duty  of  the  City  Marshal  to 
see  that  retailers  of  powder  comply  with  this  ordinance;  any 
violation  of  the  same  shall  subject  the  offenders  to  a fine  of 
not  less  than  one  dollar  nor  more  than  one  hundred  dollars 
for  every  ofiense. 

Passed  April  30th,  1869. 

Attest:  A.  K.  WEST, 

Geo.  Cl  IIaman,  Mayor. 

Kecorder. 


OEDmAi^CE  ^O.  35. 

AN  ORDINANCE  prohibiting  the  ringing  of  Auction  Bells,  and  adver- 
tising sales  hy  loud  noises. 

Sec.  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of 
Cedar  Rapids:  That  hereafter  no  person  or  persons  shall 

be  allowed  within  the  corporate  limits  of  this  city  to  ring 


146 


CITY  ORDmANOES. 


auction  bells  upon  the  streets  or  alleys  therein,  or  in  front  of 
any  place  of  business  or  dwelling  house,  or  to  advertise  for 
the  same  by  loud  hallooing  or  calling;  and  any  person  or  per- 
sons violating  the  above  shall  be  deemed  guilty  of  a misde- 
meanor, and  upon  conviction  thereof,  shall  be  punished  by  a 
fine  not  exceeding  one  hundred  dollars  and  costs  of  prosecu- 
tion, and  stand  committed  to  the  county  jail  until  the  said 
fine  and  costs  are  paid. 

Passed  February,  1862. 

Attest:  A.  E.  WEST, 

Geo.  C.  Haman,  Mayor. 

Eecorder. 


OEDIFTAIS^CE  NO.  36. 


AN  ORDINANCE  relative  to  issuing  City  Bonds  for  the  purpose  of  aid- 
ing in  the  construction  of  a free  bridge  over  the  Cedar  River  at  the 
foot  of  Park  Avenue.  . 

PREAMBLE. 

1st.  Resolution  of  Supervisors ; appropriation  from  Bridge  Fund. 

2d.  Designating  site,  and  authorizing  expenditure  of  appropriation 
thereon. 

3d.  Mayor  instructed  to  issue  proclamation ; question,  borrowing  twelve 
thousand  dollars,  on  bonds  of  the  city. 

4th.  Proclamation  of  Mayor.  ' 

5th.  Result  of  election ; number  of  votes,  &c. 

ORDINANCE. 

Sec.  1.  Issue  of  $12,000  of  City  Bonds  directed. 

2.  Title  of  Bonds. 

3.  Mayor  authorized  to  negotiate  the  sale  of  bonds. 

4 & 5.  Provides  for  interest  and  redemption  of  the  bonds  by  sinking  fund. 

6.  Treasurer  shall  keep  funds  separate,  arising  from  Bridge  Tax. 

7.  Treasurer  may  borrow  to  pay  interest  or  principal. 

8.  Provisions  of  this  ordinance  deemed  a contract  between  the  city 

and  purchaser  of  bonds. 

9.  Repealing  clause. 


CITY  ORDINAJSTCES. 


14T 


1st.  Whereas,  The  Board  of  Supervisors  of  Linn  County,  on 
the  11th  day  of  January,  A.  D.,  1871,  for  the  purpose  of  aid- 
ing in  the  construction  of  a bridge  across  the  Cedar  Biver  at 
Cedar  Eapids,  adopted  the  following  resolution,  to-wit: 

Resolved  aird  ordered  by  the  Board  of  Supervisors  of  Linn 
County,  that  there  be  and  is  hereby  appropriated  of  the  Bridge 
Fund  of  this  county,  to  be  expended  under  the  direction  of 
this  board  for  the  purpose  of  building  a bridge  across  the 
Cedar  River  at  the  city  of  Cedar  Rapids,  Fourteen  Thousand 
(14,000")  Dollars,  no  part  of  which  shall  be  expended  until  a 
sufficient  sum  shall  be  raised  by  subscription  or  otherwise  to 
build  a good  and  substantial  bridge  across  the  said  river. 

2d.  And  Whereas,  At  a meeting  of  a committee  of  the 
Board  of  Supervisors  of  Linn  County,  held  at  Cedar  Rapids, 
February  25th,  1871,  for  the  purpose,  of  designating  a site  for 
the  erection  of  a free  bridge  across  Cedar  River,  the  following 
preamble  and  resolution  were  adopted: 

Whereas,  The  City  Council  of  Cedar  Rapids  have  appro- 
priated the  sum  of  Six  Thousand  Dollars  for  the  erection  of 
a free  bridge  across  the  Cedar  River  at  the  foot  of  Park  Ave- 
nue, in  said  city,  and  the  citizens  have  raised  by  subscription 
for  the  same  purpose,  the  sum  of  Eleven  Thousand  Dollars ; 
therefore,  be  it 

Resolved,  By  this  Committee,  that  the  sum  heretofore 
appropriated  by  the  Board  of  Supervisors,  be  expended  in  the 
erection  of  a free  bridge  at  the  foot  of  Park  Avenue  in  said 
city,  upon  condition  that  a sufficient  sum  be  raised  by  sub- 
scription or  otherwise,  by  or  before  the  3d  day  of  April  next, 
to  build  and  complete  a good  and  substantial  bridge  at  the 
foot  of  said  Park  Avenue.  Joseph  Whitney, 

William  Ure, 

Supervisors. 

3d.  And,  Whereas,  At  a special  meeting  of  the  City 
Council  of  the  city  of  Cedar  Rapids,  held  on  the  28th  day  of 
February,  A.  D.,  1871,  called  for  the  purpose  of  taking  action 


148 


CITY  ORDINANCES. 


upon  the  resolutions  of  the  Board  of  Supervisors,  passed  Jan- 
uary llth,  1871,  and  upon  the  resolutions  of  the  said  commit- 
tee of  a majority  of  said  Board,  the  following  preamble  and 
resolutions  were  adopted: 

Whereas,  The  County  Commissioners  of  Linn  County 
have  appropriated  the  sum  of  Fourteen  Thousand  Dollars,  for 
the  purpose  of  constructing  a free  bridge  across  the  Cedar 
Kiver  at  Cedar  Rapids,  and  whereas  the  citizens  and  tax-pay- 
ers of  the  city  have  petitioned  the  Council  to  submit  ’to  a vote 
of  the  23eople  of  Cedar  Rapids,  the  question  of  borrowing 
money  to  aid  in  the  construction  of  said  bridge,  and  pledge 
the  faith  of  the  city  for  the  payment  of  the  same;  therefore, 
he  it 

Resolved^  That  the  Mayor  he  instructed  to  issue  his  proc- 
lama;tion,  submitting  to  the  legal  voters  of  the  city,  the  ques- 
tion of  borrowing  the  sum  of  Twelve  Thousand  Dollars 
pledging  the  faith  of  the  City  by  the  issuing  of  City  Bonds, 
for  the  said  sum  of  Twelve  Thousand  Dollars,  said  bonds  to 
bear  ten  per  cent,  interest  and  to  run  ten  years ; and  be  it 
further 

Resolved^  That  the  appropriation  of  Six  Thousand  Dollars 
heretofore  made  by  this  Council,  to  aid  in  the  construction  of 
a free  bridge,  shall  be  null  and  void,  in  case  the  bonds  herein 
mentioned  shall  be  voted. 

4th.  And  Whereas,  Win.  B.  Leach,  Mayor  of  said  City, 
in  obedience  to  and  in  pursuance  of  the  said  resolution, 
issued  his  proclamation,  as  follows,  to-wit  : 

PROCLAMATION. 

To  the  qualified  voters  of  the  Qity  of  Cedar  Rapids: 

Whereas,  At  a special  meeting  of  the  City  Council  of  said 
city,  held  at  their  council  room  on  the  28th  day  of  February, 
A.  D.  1871,  the  said  Council  by  resolution  instructed  the 
Mayor  of  said  city  to  submit  to  the  legal  voters  of  said  city 
the  question  of  said  Council  borrowing  the  sum  of  Twelve 
Thousand  (12,000)  Dollars,  payable  in  ten  (10)  years  with 


CITY  ORDINANCES. 


149 


ten  (10)  per  cent,  interest  per  annum,  and  pledging  the  faith 
of  the  city  for  the  payment  thereof,  and  that  the  same  be  used 
in  the  construction  of  a free  bridge  across  the  Cedar  River  at 
Cedar  Rapids,  Iowa. 

How  Therefore,  I,  Win.  B.  Leach,  Mayor  of  the  city  of 
Cedar  Rapids,  in  pursuance  of  said  resolution,  and  by 
authority  in  me  vested,  do  hereby  give  notice  to  the  legal  and 
qualified,  voters  of  said  city,  that  there  will  be  a special  elec- 
tion held  at  the  City  Hall  in  said  city,  on  the  14th  day  of 
March,  A.  D.  1871.  Polls  to  be  opened  at  9 o’clock  a.  m., 
and  closed  at  4 o’clock  p.  m.  of  said  day,  for  the  purpose  of 
submitting  the  question  of  said  Council  borrowing  the  sum 
of  Twelve  Thousand  (12,000)  Dollars,  payable  in  manner  and 
form  and  for  the  purpose  hereinbefore  set  forth.  Those  in 
favor  of  said  loan,  will  cast  a ballot  on  which  shall  be  written 
or  printed,  “In  favor  of  the  loan,”  and  those  opposed  to  said 
loan,  will  cast  a ballot  on  which  shall  be  written  or  printed 
“against  the  loan,”  a majority  of  the  votes  cast  to  decide  the 
said  question. 

Given  under  my  hand  this  3d  day  of  March,  A.  D.  1871. 

(Signed) 

WILLIAM  B.  LEACH, 

Mayor  of  the  City  of  Cedar  Rapids,  Iowa. 

Which  Proclamation  was  duly  published  the  time  and  in 
the  manner  required  by  law. 

oth.  And  Whereas,  In  accordance  with  said  Proclama- 
tion, the  said  election  was  held  at  the  time  and  place,  and  in 
the  manner  and  form  as  therein  required,  at  which  election 
the  whole  number  of  votes  cast  was  479,  of  which  390  were 
in  favor  of  said  loan  and  83  against  the  said  loan,  and  six 
votes  scattering;  being  a legal  majority  in  favor  of  said  loan, 
which  said  votes  were  duly  counted,  canvassed  and  approved 
by  the  said  City  Council. 

Sec.  1.  How  Therefore,  Be  it  ordained  hy  the  City 
Council  of  the  City  of  Cedar  Bapids:  That  in  order  to  carry 


150 


CITY  ORDINANCES. 


out  the  object  of  said  special  election,  and  to  provide  for  the 
issuing  of  said  bonds,  and  for  the  purpose  of  establishing  a 
sinking  fund  to  provide  the  means  to  pay  any  indebtedness 
created  thereby,  the  Mayor  and  Kecorder  of  the  City  of 
Cedar  Rapids  are  hereby  authorized,  empowered  and  directed 
to  execute  and  issue  the  bonds  of  the  city,  after  the  work 
upon  the  said  free  bridge,  at  the  foot  of  Park  Avenue,  shall 
have  been  commenced,  and  from  time  to  time  as  the  work 
thereon  shall  progress,  amounting  in  the  aggregate  to  the  sum 
of  Twelve  Thousand  Dollars,  signed  by  the  Mayor  and  coun- 
tersigned by  the  Recorder,  with  the  corporate  seal  of  the  city 
affixed,  bearing  date  the day  of A.  D.  1871,  pay- 
able in  ten  years  after  the  date  thereof  to or in  sums* 

of dollars,  each  with  interest  thereon  at  the  rate  of  ten 

(10)  per  centum  per  annum,  interest  payable  annually  or 
semi-annually,  with  interest  coupons  thereto  attached  signed 
by  the  Mayor,  bearing  even  date  with  the  bonds.  The  prin- 
cipal and  interest  of  said  bonds  to  be  payable  at  the I^a- 

tional  Bank,  in  the  city  of  ]S"ew  York,  or  either  Bank  in 
Cedar  Rapids. 

Sec.  2.  The  title  of  said  bonds  shall  be:  ‘^The  City  of 
Cedar  Rapids  ten  per  cent  Park  Avenue  Bridge  Bonds,”  and 
shall  be  numbered  from  iSTo.  one  (1)  upwards. 

Sec.  3.  The  Mayor  of  the  city  of  Cedar  Rapids  is  hereby 
authorized,  empowered  and  directed  to  negotiate  the  sale  of 
said  bonds  and  the  coupons  attached,  to  any  person  or.  per- 
sons, but  at  not  less  than  ninety  (90)  cents  on  one  dollar. 

. Sec.  4.  For  the  redemption  of  said  bonds  at  maturity,  and 
for  the  payment  of  the  interest  to  accrue  thereon,  the  said  city 
of  Cedar  Rapids  hereby  pledges. 

First — Its  faith  and  credit. 

Second — The  taxes  levied  and  to  be  levied  and  collected  for 
the  payment  thereof  on  all  the  property,  real  and  personal, 
subject  to  and  to  become  subject  to  taxation  within  the  said 
city  of  Cedar  Rapids. 


CITY  ORDINANCES. 


151 


Sec.  5.  That  at  the  time  tliat  the  other  annual  taxes  of 
said  citv  are  levied,  there  shall  in  addition  thereto  also  be  lev- 
ied from  year  to  year  by  the  City  Council,  an  annual  tax  upon 
the  property,  real  and  personal,  subject  to  taxation,  for  coun- 
ty and  State  revenue,  a sum  sufficient  to  pay  the  interest  for 
one  year  on  all  bonds  issued  in  pursuance  of  this  ordinance, 
and  also  at  the  same  time,  levy  such  sum  or  sums,  from  year 
to  year,  as  to  them  may  seem  proper,  to  meet  and  pay  the 
principal  of  said  bonds,  at  maturity;  and  when  the  said  City 
Council  shall  have  made  such  levy,  it  shall  be  the  duty  of  the 
City  Assessor  to  extend  the  same  on  the  collection  book,  for 
the  year  in  which  the  levy  is  made,  and  in  a separate  column 
to  be  denominated  “The  Park  Avenue  Bridge  Tax,”  which 
tax  shall  be  collected  in  the  same  manner  as  the  other  annual 
taxes  of  the  city ; and  the  payment  thereof  to  be  included  and 
enforced  by  the  same  regulations  of  statutes  and  ordinances 
as  obtain  in  reference  to  other  annual  taxes  of  said  city. 

Sec.  6.  That  it  shall  be  the  duty  of  the  Treasurer  of  said 
city  to  keep  all  moneys  arking  from  the  collection  of  said 
“Park  Avenue  Bridge  Tax”  separate  and  apart  from  the  ordi- 
nary funds  of  said  city,  to  be  sacredly  kept  and  paid  out  by 
him  only  for  the  payment  of  the  semi-annual  interest  accru- 
ing and  due  on  the  said  bonds,  and  for  the  payment  of  said 
bonds  wheh  due,  and  for  the  purchase  of  said  bonds  before 
due,  when  the  same  may  be  purchased  at  or  less  than  their  pai* 
value. 

Sec.  7.  The  City  Treasurer  shall  have  the  power  to  raise 
by  temporary  loan,  upon  the  credit  of  the  said  city  of  Cedar 
Bapids,  such  sum  or  sums  of  money  as  may  be  needed  for  the 
payment  of  the  interest  on  said  bonds,  or  the  payment  of  said 
bonds  when  becoming  due,  and  for  vvffiich  there  shall  be  insuffi- 
cient funds  in  the  hands  of  the  Treasurer  of  the  said  city  for 
that  purpose;  but  in  all  cases  such  temporary  loans,  with 
interest  not  to  exceed  ten  (10)  per  cent'.,  shall  be  provided  for 


152 


CITY  ORDINANCES. 


and  paid  out  of  the  first  moneys  of  “Park  Avenue  Bridge 
Tax”  received  into  the  City  Treasury. 

Sec.  8.  The  provisions  hereinbefore  contained  for  the  issu- 
ing of  bonds  and  the  establishing  of  a sinking  fund  shall  be 
deemed  and  taken  as  a part  of  the  contract  between  the  city 
and  the  parties  purchasing  said  bonds,  and  shall  not  be 
repealed  or  modified  so  as  in  any  manner  to  impair  the  secu- 
rity offered  to  the  holders  of  the  same. 

Sec.  9.  All  ordinances  or  parts  of  ordinances  inconsistent, 
and  all  resolutions  and  votes  inconsistent  with  the  provisions 
of  this  ordinance  are  hereby  repealed. 

Passed  March  24:th,  1871. 

Attest:  THOS.  Z.  COOK, 

J.  C.  Stoddard,  Mayor. 

Kecorder. 


OPDIKAKCE  KO.  37. 

Proclamatiou ; Decree  of  Court : Petition. 

Resolution  of  Council. 

Sec.  1.  Territory  described,  and  rights  of  citizens. 

2.  Numbered  as  4tli  Ward. 

3.  Special  election  for  Aldermen. 

Whereas,  A majority  of  the  legal  voters  of  the  village  of 
Kingston  and  territory  adjacent,  to  the  number  of  seventy, 
did  petition  the  Honorable  The  Circuit  Court  of  Linn  County, 
Iowa,  praying  for  an  order  that  certain  territory  might  be 
annexed  to,  and  made  a part  of,  the  city  of  Cedar  Rapids, 
Iowa. 


CITY  ORDINANCES. 


153 


And  Whereas,  Said  Court  did  make  an  order  in  the  words 
and  figures  as  follows,  to-wit: 

‘^And  now,  to-wit,  on  the  27th  day  of  January,  A.  D.  1870, 
this  matter  being  called  for  hearing,  and  the  Court  being  ful- 
ly advised  in  the  premises,  it  is  considered  and  ordered  by  the 
Court  that  the  territory  described  in  the  petition  may  be 
annexed  to  and  become  a part  of  the  city  of  Cedar  Rapids, 
Iowa,  to  be  known  as  West  Cedar  Rapids,  and  that  the  peti- 
tion with  the  maps  accompanying  the  same  be  delivered  to  the^ 
Recorder  of  said  city  of  Cedar  Rapids. 

SYLYAISTUS  YATES, 

Judge  Circuit  Court.” 

And  Whereas,  On  the  2lst  day  of  February,  A.  D.  1870, 
A.  R.  West,  Mayor  of  the  city  of  Cedar  Rapids,  did  issue  his 
proclamation  to  the  legal  and  qualified  voters  of  said  city  that 
an  election  would  be  held  on  the  7th  day  of  March,  1870, 
upon  the  (Question  of  the  annexation  of  Kingston  and  territo- 
ry adjacent  and  contiguous  thereto,  which  election  resulted  as 
follows:  4J1  votes  for  annexation  and  13  against,  the  same 

being  a majority  of  all  the  votes  cast  for  annexation: 

And  Whereas,  The  petition  of  said  citizens  of  Kingston, 
plat  of  Territory,  the  order  of  said  Circuit  Court,  the  procla- 
mation of  the  Mayor,  the  abstract  of  votes,  and  the  resolution 
of  said  City  Council  declaring  said  territory  duly  annexed 
has  been  filed  and  recorded  in  the  office  of  the  Recorder  of 
Linn  county,  and  in  the  office  of  the  Secretary  of  State  for  the 
State  of  Iowa: 

And  Whereas,  On  the  25th  day  of  March,  A.  D.  1870, 
the  City  Council  of  said  city  of  Cedar  Rapids  passed  the  fol- 
lowing resolution: 

Be  it  Besolved,  By  the  City  Council  of  the  city  of  Cedar 
Rapids,  that  the  territory  described  in  said  petition  shall  be 
deemed  and  taken  to  be  a part  and  parcel  of  the  said  city  of 
Cedar  Rapids,  and  the  inhabitants  residing  in  the  said  terri- 
tory shall  have  and  enjoy  all  the  rights  and  privileges  of  the 
inhabitants  within  the  original  limits  of  said  city. 


154 


OITY  ORDINANCES. 


Sec.  1.  iSTow  Therefore,  Be  it  ordained  hy  the  City 
Council  of  the  City  of  Cedar  Rapids:  That  the  territory 

hereinafter  described,  being  the  same  as  described  in  said 
petition  of  the  citizens  of  said  Kingston,  to-wit: 

All  that  portion  of  Kapids  township,  Linn  county,  Iowa, 
situated  on  the  west  side  of  Cedar  Kiver,  commencing  on  said 
river  at  Douglass  street,  thence  west  to  Fourth  street,  thence 
south  and  southeast  along  said  Fourth  street  to  the  point 
where  it  intersects  the  line  passing  east  and  west  through  the 
center  of  section  twenty-eight  (28) ; thence  east  along  said  line 
to  Cedar  river,  thence  along  the  river  to  the  place  of  beginning, 
said  Douglass  and  Fourth  streets  being  the  same  as  are  des- 
ignated on  the  published  map  of  the  city  of  Cedar  Kapids,  be 
and  the  same  is  deemed  and  taken  to  be  a part  and  parcel  of 
the  said  city  of  Cedar  liapids,  Iowa,  and  the  inhabitants 
residing  therein  shall  have  and  enjoy  all  the  rights  and  priv- 
ileges, and  be  subject  to  all  the  laws  and  regulations  and  ordi- 
nances of  the  inhabitants  within  the  original  limits  of  said 
city  of  Cedar  Kapids.  Iowa. 

Sec.  2.  And  be  it  further  ordained  by  the  City  Council, 
that  the  said  territory  shall  be  known  and  numbered  as  the 
PAurth  ward  of  said  city. 

Sec.  3.  And  be  it  farther  ordained  by  said  City  Council, 
that  the  Mayor  of  said  city  issue  his  proclamation  calling  a 
special  election  in  said  Fourth  ward  of  the  legal  and  qualified 
voters  of  the  same,  to  elect  two  ikldermen  .to  represent  said 
Fourth  ward  in  the  City  Council  of  said  city  of  Cedar  Rapids. 

Passed  April  12th,  1870. 

Attest:  ,W.  B.  LEACH, 

W.  B.  Stewart,  Mayor. 

Recorder. 


CITY  ORDINANCES. 


155 


OEDIKANCE  1^0.  38. 

AN  ORDINANCE  relating  to  Sidewalks. 

Sec.  1.  All  sidewalks  hereafter  laid  shall  be  laid  as  provided  in  the 
order  passed  by  the  City  Council. 

2.  Sidewalks  and  paving  shall  conform  to  established  grade,  and 

laid  under  the  supervision  of  Street  Commissioner,  and 
shall  be  paid  for  by  owner. 

3.  If  owner  shall  fail  to  obey  the  order,  the  city  may  lay  the 

same  at  owner’s  expense,  as  therein  provided. 

4.  Provides  for  repairing  sidewalks. 

Sec.  1.  it  ordained  hy  the  City  Council  of  the  City  of 
Cedar  Rapids:  Whenever  it  shall  become  necessary  and 

expedient  to  pave  and  grade,  plank  or  gravel  the  sidewalks  on 
any  street,  avenue  or  alley  or  any  part  thereof  within  the  limits 
of  said  city,  the  City  Council  shall  pass  an  order  to  that 
etfect,  which  order  shall  set  forth  the  particular  locality  where 
such  paving  and  grading  or  graveling  is  required  to  he  done, 
and  the  time  that  is  allowed  for  completing  the  same,  and  the 
publication  of  such  order  in  one  of  the  newspapers  in  the  city 
for  one  week,  shall  be  deemed  a sufficient  notice  to  the  owners 
or  holders  of  lots  fronting  on  any  such  street,  lane,  avenue  or 
alley  where  any  such  paving  and  grading,  planking  or  gravel- 
ing is  to  be  done  as  herein  specified. 

Sec.  2.  All  such  paving  and  grading,  planking  or  gravel- 
ing shall  be  in  conformity  with  the  grade  of  the  streets,  lane, 
avenue  or  alley  (unless  otherwise  provided  in  the  order  of  the 
City  Council)  under  the  direction  of  the  Street  Commis- 
sioner, and  all  expenses  of  paving,  grading,  graveling  or 
planking,  and  preparing  of  any  sidewalks  shall  be  paid  by  the 
o’wners  or  holders  of  lots  fronting  on  such  street,  lane,  avenue 
or  alley  where  such  paving,  grading,  graveling  or  repairing  is 
to  be  done. 

Sec.  3.  If  the  owners  or  holders  of  any  lot  or  part  of  lot 
shall  neglect  to  grade,  gravel,  plank  or  pave  his  sidewalk  in 
conformity  with  the  order  of  the  City  Council,  published  as 
aforesaid,  the  Street  Commissioner  shall  contract  for  the  same 


156 


CITY  ORDINANCES. 


to  be  built  at  the  expense  of  the  city,  and  shall  make  his 
report  of  the  expense  thereof  to  the  City  Council,  and  the 
City  Council  shall  levy  a special  tax  on  such  lot  or  part  of  lot 
respectively  in  front  of  which  the  Street  Commissioner  may 
have  contracted  for  any  such  grading,  graveling,  planking  or 
paving,  which  tax  shall  be  of  sufficient  amount  to  cover  the 
expense  thereof  together  with  all  cost  or  expenses  therewith. 
And  all  proceedings  relating  to  the  levy  of  said  special  tax 
and  the  collection  thereof,  shall  be  governed  by  the  provisions 
of  ordinance  number  six  relative  to  the  city  revenue. 

Sec.  4.  Whenever  any  repairs  may  be  necessary  to  be 
made,  on  any  sidewalk,  the  owners  or  holders  of  the  lot 
fronting  thereon,  or  his  agent,  shall  be  notified  by  the  Street 
Commissioner  in  writing  thereof,  which  notice  shall  set  forth 
as  nearly  as  may  be  the  nature  and  expense  of  the  repairs 
required  to  be  made,  and  if  any  such  owner,  holder  or  agent 
shall  fail  to  make  such  repairs  within  ten  days  after  such 
notice  as  aforesaid,  or  should  the  Street  Commissioner  be 
unable  to  give  such  notice  by  reason  of  there  being  no  such 
owner,  holder  or  agent  residing  in  the  city,  he  shall  proceed 
as  in  cases  of  failure  to  pave  and  grade  sidewalks,  and  the 
City  Council  shall  levy  all  necessary  taxes,  and  cause  the 
same  to  be  collected  in  the  manner  provided  in  the  previous 
section. 

Passed  June  19th,  1857. 

Attest:  W.  D.  WATROUS, 

F.  P.  Huntington,  Mayor. 

Recorder. 


ORDIHAHCE  HO.  39. 

AN  OEDINANCE  concerning  Licenses. 

Sec.  1.  Who  shall  procure  licenses. ; amount  for  each  license, 


CITY  ORDINANCES. 


157 


2.  All  licenses  to  expire  ©n  May  1st. 

3.  Treasurer’s  receipt  to  be  obtained. 

4.  Penalty. 

5.  Mayor  to  fix  amount. 

6.  Kepealing  clause. 

Sec.  1.  Be  it  ordained  hy  the  City  Council  of  the  City 
of  C edar  Rajoids : That  every  person  engaging  in  any  of 

the  avocations  hereinafter  named,  in  this  city,  shall  first  pro- 
cure a license  therefor,  and  for  which  shall  be  paid  the  sums 
hereinafter  designated  for  such  avocation,  to-wit: 

Auctioneers  shall  pay  not  less  than  one  dollar  nor  more  than 
ten  dollars  per  day,  or  one  hundi-ed  dollars  annually  if  they 
apply  for  license  by  the  year. 

Billiard  table  keepers  shall  pay  fifty  dollars  annually  for 
each  table. 

Bowling  alley,  or  ten  pin  alley  keepers,  shall  pay  one  hun- 
dred dollars  per  annum  for  each  track. 

Bagatelle  table  keepers  shall  pay  two  hundred  dollars  annu- 
ally for  each  table.  Any  table  whereon  games  may  be  played 
with  balls  and  cues,  not  a billiard  table,  shall  be  deemed  a 
Bagatelle  table. 

Circus  owners  shall  pay  not  less  than  twenty-five  dollars  nor 
more  than  one  hundred  dollars,  and  menageries  shall  pay  not 
less  than  ten  dollars  nor  more  than  one  hundred  dollars  for 
each  day’s  exhibitions;  and  the  owners  or  managers  of  each 
side  show  accompanying  any  circus  or  menagerie  shall  pay 
not  less  than  five  nor  more  than  twenty-five  dollars  for  each 
day’s  exhibition. 

Exhibitors  of  wild  animals  nor  menageries  shall  pay  not  less 
than  five  dollars  or  more  than  one  hundred  dollars  for  each 
day’s  exhibition. 

Traveling  exhibitors  of  ledgerdemain,  wax  figures,  paint- 
ing, statuary,  theatrical  plays,  and  any  person  engaged  in 
giving  any  public  entertainment  or  exhibition  of  any  kind 
whatever  for  reward,  shall  pay  not  less  than  one  dollar  nor 
more  than  twenty  dollars  for  each  day’s  exhibition,  and  such 


158 


CITY  ORDINANCES. 


sums  shall  be  fixed  by  the  Mayor.  Provided  that  no  license 
shall  be  required  for  lectures,  or  exhibitions  of  a purely  liter- 
ary or  scientific  character,  nor  for  concerts  or  other  public 
entertainments  given  by  amateurs  for  charitable  uses  or  for 


the  public  benefit. 

Retail  peddlers  or  hawkers  shall  pay  not  less  than  one  nor 
more  than  ten  dollars  per  day. 

Proprietors  or  managers  of  gift  enterprises  shall  pay  not 
less  than  five  nor  more  than  fifty  dollars  per  day. 

Sec.  2.  The  license  of  billiard  table  keepers,  bowling  alley 
keepers,  bagatelle  table  keepers,  and  of  auctioneers  when  they 
are  licensed  by  the  year,  shall  be  granted  until  and  expire  on 
the  first  day  of  May  following,  and  where  the  period  from  the 
time  of  application  to  the  first  day  of  May  following,  is  less 
than  one  year,  there  shall  be  a proportionate  reduction  from 
the  amount  of  the  license. 

Sec.  3.  Before  any  license  shall  issue,  the  applicant  shall 
pay  the  amount  of  money  therefor  to  the  City  Treasurer, 
whose  receipt  shall  be  presented  to  the  Mayor,  and  the  Mayor 
shall  then  issue  the  license. 

Sec.  4.  Any  person  required  by  section  one  to  procure  a 
license,  and  failing  to  do  so,  shall  forfeit  and  pay  to  the  said 
city  a penalty  of  not  less  than  five  nor  exceeding  one  hundred 
dollars,  and  said  penalty  may  be  enforced  and  recovered  with 
costs  of  prosecution  by  information  as  provided  in  section 
thirty-four  of  the  charter  of  said  city,  and  in  default  of  pay- 
ment on  conviction  such  person  shall  be  imprisoned  therefor 
until  discharged  in  due  course  of  law. 

Sec.  5.  Where  the  amount  to  be  paid  for  a license  ranges 
from  a smaller  to  a larger  sum,  the  Mayor  shall  fix  the 
amount  to  be  paid  on  each  application. 

Sec.  6.  All  ordinances  or  parts  of  ordinances  conflicting 
with  this  ordinance  are  hereby  repealed. 

Passed  June,  1866. 

Attest:  A.  R.  WEST, 

Geo.  C.  Haman,  Mayor. 

* Recorder. 


CITY  ORDINANCES. 


159 


OHDINANCE  NO.  40.  . 

AN  ORDINANCE  relative  to  Drays  and  Express  Wagons,  or  vehicles 

for  conveying  goods,  &c. 

Sec.  1 & 2.  All  persons  conveying  goods  for  hire  must  first  obtain  a 
license  therefor. 

3.  Amount  of  each  license. 

4.  All  licenses  shall  expire  on  May  1st. 

5.  Title  of  license ; number  must  be  placed  on  each  vehicle. 

6.  Penalty. 

7.  Repealing  clause. 

Sec.  1.  Be  it  ordained  hy  the  City  Council  of  the  City 
of  Cedar  Bapids:  , That  no  person  shall  engage  in  the  busi- 
ness of  conveying  property,  for  hire,  within  the  limits  of  this 
city  without  first  obtaining  a license  therefor,  as  hereinafter 
provided. 

Sec.  2.  Any  person  who  may  desire  to  engage  in  the  busi- 
ness of  carrying,  moving  or  conveying  goods  for  hire  within 
the  limits  of  this  city  shall  first  obtain  a license  therefor,  for 
each  vehicle,  dray  or  other  conveyance  which  the  applicant 
may  desire  to  use  in  said  business. 

Sec.  3.  Every  license  granted  under  this  ordinance  shall 
expire  on  the  first  day  of  May  in  each  year.  The  applicant 
shall  pay  for  a license  for  each  conveyance  drawn  by  one  ani- 
mal the  sum  of  ten  dollars ; for  each  conveyance  drawn  by 
two  animals  the  sum  of  fifteen  dollars;  for  each  conveyance 
drawn  by  more  than  two  animals,  the  sum  of  twenty  dollars, 
or  pro  rata  for  the  time  the  license  is  issued. 

Sec.  4.  Each  license  shall  be  called  a dray  or  express 
license,  and  shall  be  numbered  consecutively  from  one  up- 
wards, and  before  the  said  license  shall  be  valid,  and  the  appli- 
cant allowed  to  engage  in  the  business  of  draying  or  express- 
ing for  hire,  he  shall  have  the  number  of  his  license  painted 
conspicuously  upon  his  vehicle  in  figures  not  less  than  one 
and  one-half  inches  in  length;  and  all  drays  and  express  wag- 
ons used  in  the  city  of  Cedar  Rapids  after  January  1st,  1877, 
shall  have  tires  of  not  less  than  three  inches  in  width. 


160 


CITY  ORDINANCES. 


Sec.  5.  ‘Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  not  less  than  one  nor  more 
than  one  hundred  dollars  and  costs  of  prosecution. 

Sec.  6.  All  ordinances  or  parts  of  ordinances  inconsistent 
with  the  provisions  of  this  ordinance  are  hereby  repealed. 

Passed  ^^ovember  20th,  1874. 

Attest:  A.  B.  HULL, 

J.  C.  Stoddard,  Mayor. 

Eecorder. 


OKDmAN*CE  HO.  41. 


A^N"  ORDIiN'A^^'CE  relative  to  Hackney  Coaches  and  other  vehicles 
for  conveying  passengers  and  their  baggage. 

Sec.  1 & 2.  Must  obtain  a license  for  each  vehicle  for  the  period  of  one 
year. 

Sec.  3.  Amount  of  license. 

4.  Style  and  number  of  license  to  be  painted  on  each  convey- 

ance. 

5.  Charge  for  prescribed. 

6.  Violations  punished.  * 

7.  Repealing  clause. 

Sec.  1.  J^e  it  ordained  hy  the  City  Council  of  the  City 
of  Cedar  Rapids : That  no  person  shall  engage  in  the  busi- 

ness of  carrying  passengers  and  their  baggage,  for  hire,  with- 
in the  limits  of  this  city,  without  first  obtaining  a license 
therefor  as  hereinafter  provided. 

Sec.  2.  Any  person  who  may  desire  to  engage  in  the  busi- 
ness of  carrying  passengers,  for  hire,  within  the  limits  of  this 
city,  shall  first  obtain  a license  therefor  for  each  vehicle,  car- 
riage, coach,  wagon,  omnibus,  or  other  conveyance,  which  the 


CITY  OBDINANCES. 


161 


said  applicant  may  desire  to  use  in  said  business,  for  the 
period  of  one  year. 

Sec.  3.  Tlie  applicant  shall  pay  for  a license  for  each  con- 
veyance drawn  by  one  horse  not  more  than  ten  (10)  dollars; 
for  each  conveyance  drawn  by  two  horses  not  more  than 
fifteen  (15)  dollars;  for  each  conveyance  drawn  by  more  than 
two  horses  not  more  than  twenty  (20)  dollars. 

Sec.  4.  Each  license  shall  be  called  a “Hackney  Coach 
license,’’  and  shall  be  numbered  consecutively  from  Ho.  one 
(1)  upwards;  and  before  the  said  license  shall  be  valid  and 
entitle  the  said  applicant  to  engage  in  the  business  of  carry- 
ing passengers  for  hire,  he  shall  have  the  number  of  his 
license  painted  conspicuously  upon  his  conveyance  in  figures 
not  less  than  one  and  one-half  inches  in  length. 

Sec.  5.  Ho  person  engaged  in  carrying  passengers  shall 
charge  more  than  twenty-five  (25)  cents  for  carrying  each 
passenger  for  any  distance  less  than  one  mile,  or  more  than 
fifty  (50)  cents  where  the  distance  exceeds  one  mile.  Ho 
extra  charge  shall  be  made  for  carrying  the  baggage  of  each 
passenger  unless  the  same  shall  exceed  one  hundred  pounds  in 
weight  for  each  passenger;  Provided  that  double  the  above 
rates  may  be  charged  for  services  rendered  between  ten  o’clock 
p.  M.  and  six  o’clock  a.  m. 

Sec.  6.  Any  person  violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a misdemeanor,  and  upon 
conviction  thereof  be  fined  in  any  sum  not  less  than  one  dol- 
lar and  not  more  than  one  hundred  dollars,  and  shall  stand 
committed  until  said  fine  is  paid. 

Sec.  7.  All  ordinances  or  parts  of  ordinances  inconsistent 
with  the  provisions  of  this  ordinance  are  hereby  repealed. 

Passed  August  25th,  1871. 

Attest:  THOS.  Z.  COOK, 

J.  C.  Stoddard,  Mayor. 

Becorder, 


162 


CITY  ORDINANCES. 


OKDIl^AISrCE  1^0.  42. 

AN  ORDINANCE  prohibiting  swine  from  running  at  large. 

Sec.  1.  No  swine  to  run  at  large  at  any  time;  declared  a nuisance,  and 
owner  shall  pay  forfeit. 

2.  Marshal  to  keep  a public  pound;  penalty  for  breaking  open 

pound,  or  hindering  iii  impounding. 

3.  Provides  for  impounding  swine;  owner  may  redeem  by  paying 

cliarges,  &c. 

4.  Provides  for  sale  at  auction,  and  disposition  of  proceeds. 

5.  Marshal  may  bid;  when;  owner  not  released  from  penalty. 

6.  Repealing  clause. 

7.  When  to  take  effect. 

Sec.  1.  Be  it  ordained  hy  the  City  Council  of  the  City  of 
Cedar  Rapids:  That  no  swine  shall  he  allowed  to  rim  at 

large  at  any  time  within  the  limits  of  this  city.  And  every 
swine  so  found  rnnning  at  large  within  this  city  is  hereby 
declared  a nuisance,  and  the  owner  of  each  and  every  such 
swine  shall  forfeit  and  pay,  for  the  use  of  said  city,  the  sum 
of  one  dollar  for  every  twenty-four  hours  each  and  every  such 
swine  shall  run  at  large. 

Sec.  2.  The  Marshal  is  authorized  to  construct  and  keep  a 
public  pound,  at  such  place  within  the  city  as  he  may  select, 
not  inconsistent  with  the  ordinances  of  this  city.  Such 
pound  shall  be  under  the  care  and  control  of  the  Marshal,  and 
whoever  shall  break  open  the  same,  or  discharge,  or  aid,  or 
assist  in  discharging  therefrom  any  animal  lawfully  conhned 
therein  without  the  authority  of  the  Marshal,  or  process  of 
law  therefor,  or  whoever  shall  hinder,  delay,  or  obstruct  the 
Marshall  or  any  authorized  person  in  taking  or  driving  any 
animal  to  the  pound,  shall  forfeit  and  pay,  for  the  use  of  the 
city,  not  less  than  ten  dollars  nor  more  than  twenty -five  dol- 
lars for  each  such  offense. 

Sec.  3.  It  shall  be  the  duty  of  the  Marshal,  and  the  right 
of  every  person  authorized  in  writing  by  the  Marshal,  to  im- 
pound every  swine  found  running  at  large  contrary  to  the 
provisions  of  this  ordinance,  in  the  public  pound,  and  any 


CITY  OKDINANCES. 


163 


person  claiming  any  swine  so  impounded,  may  redeem  the 
same  at  any  time  before  the  sale  thereof  as  hereinafter  pro- 
vided by  paying  to  the  Marshal  fifty  cents  for  each  swine  so 
impounded,  and  twenty-five  cents  for  each  day’s  keeping  of 
each  swine,  and  the  farther  sum  of  twenty-five  cents  for  each 
notice  posted  in  advertising  the  sam^,  if  the  same  shall  have 
been  advertised. 

Sec.  4.  Swine  impounded  may  be  sold  by  the  Marshal,  at 
public  auction,  to  the  highest  bidder  for  cash,  after  giving 
notice  of  such  sale  as  follows: 

Within  twenty-four  hours  after  impounding  any  swine,  the 
Marshal  shall  post  three  notices,  one  on  the  door  or  entrance 
to  the  pound,  one  on  the  outer  door  of  the  Mayor’s  office  and 
one  at  the  Post  office,  stating  when  such  swfine  was  impound- 
ed, and  describing  therein  all  the  swine  impounded  at  any  one 
time,  and  giving  notice  that  such  swine  will  be  sold  at  public 
auction  at  the  pound,  at  a day  and  hour  to  be  therein  speci- 
fied,which  shall  be  not  less  than  three,nor  more  than  five  days 
from  the  time  such  swine  was  impounded,  and  unless  such 
swine  shall  be  previously  redeemed,  the  same  shall  be  sold  at 
the  time  and  place  specified  in  said  notice. 

Out  of  the  proceeds  of  the  sales,  the  Marshal  shall  retain 
his  costs  and  charges  for  impounding,  keeping  and  advertis- 
ing as  aforesaid,  and  fifty  cents  for  each  swine  sold,  and  he 
shall  pay  over  the  balance  of  the  money  to  the  City  Treas- 
urer, who  shall  retain  the  same  for  the  owner  of  the  animal 
sold;  but  if  not  claimed  within  six  months,  he  shall  report 
the  same  as  a part  of  the  geaieral  fund  of  the  city,  and  such 
claimant  shall  be  barred  therefrom. 

Sec.  5.  If  no  person  shall  bid  at  any  sale  the  whole 
amount  of  costs  and  charges  for  impounding,  keeping,  adver- 
tising and  selling  any  swine  as  provided  for  in  this  ordinance, 
it  shall  be  lawful  for  the  Marshal  to  bid  thereon  for  himself  for 
the  full  amount  of  his  costs  and  charges,  and  the  property 
shall  thereupon  be  struck  oflp  to  the  Marshal ; provided  always 


164 


CITY  ORDINANCES. 


that  the  Marshal  shall  have  no  charges  against  the  city  for 
impounding,  keeping,  advertising  or  selling  any  swine;  and 
provided  further,  that  the  sale  of  any  such  swine  shall  not 
release  the  owner  thereof  from  the  penalty  and  costs  incurred 
for  permitting  the  same  to  run  at  large. 

Sec.  6.  All  ordinances  or  parts  of  ordinances  inconsistent 
with  this  ordinance  are  hereby  repealed. 

Sec.  7.  This  ordinance  shall  take  effect  from  and  after  its 
publication  according  to  law. 

Passed  April  14th,  1865. 

Attest:  HEXEY  CHUECH, 

Geo.  C.  Haman,  Mayor. 

Eecorder. 


OEDIJSrANCE  ]SrO.  43. 


AN  ORDINANCE  restraining^  stock  from  running  at  large. 

Sec.  1.  Stock  prohibited  from  running  at  large  at  any  time. 

2.  Marshal’s  duties  and  charges. 

3.  Marshal  to  have  control  of  pound ; penalty  for  breaking  open, 

or  interfering  with. 

4.  Provides  for  sale  of  impounded  stock,  and  disposition  of  pro- 

ceeds thereof. 

5.  Estrays ; may  be  redeemed. 

6.  Marshal  to  select  and  keep  the  pound  at  his  own  cost. 

Sec.  1.  Be  it  ordained  hy  the  City  Council  of  the  City 
of  Cedar  Rapids:  That  no  horse,  colt,  mule,  jackass,  jenny, 

sheep,  goat,  cow,  ox,  steer,  heifer  or  calf  shall  be  allowed  to 
run  at  large  within  the  limits  of  the  city  at  any  time. 

Sec.  2.  It  shall  be  the  duty  of  the  Marshal  to  impound 
every  animal  running  at  large  contrary  to  the  provisions  of 
this  ordinance,  and  any  person  claiming  any  animal  im- 
pounded shall  pay  to  the  Marshal  one  dollar  for  each  animal 


CITY  ORDINANCES. 


165 


for  the  discharge  thereof,  and  fifty  cents  for  each  day’s  keep- 
ing of  such  animal,  and  the  cost  of  advertising,  if  the  same 
has  been  advertised. 

Sec.  3.  The  pound  shall  be  under  the  care  of  the  Marshal, 
and  whoever  shall  break  open  the  same,  or  discharge,  or  aid, 
or  assist  in  discharging  any  animal  therefrom  without  the 
authority  of  the  Marshal,  or  process  of  law  therefor,  or  who- 
ever shall  hinder,  delay  or  obstruct  the  Marshal,  or  persons 
assisting  him  at  his  request,  in  taking  or  driving  any  animal 
to  the  pound,  shall  be  guilty  of  a misdemeanor,  and  upon  con- 
viction be  punished  by  fine  not  exceeding  one  hundred  dol- 
lars or  imprisonment  in  the  county  jail  not  exceeding  thirty 
days. 

Sec.  4.  Stock  impounded  may  be  sold  by  the  Marshal  to 
the  highest  bidder  for  cash,  after  giving  notice  of  such  sale  as 
follows : He  shall  give  six  days  notice  of  the  time  and  place 

of  sale,  describing  such  animal  therein,  by  posting  one  notice 
on  the  door  or  entrance  to  the  pound,  one  at  the  Post  oflace, 
and  one  at  the  front  door  of  the  City  Hall,  and  in  addition  shall 
publish  such  notice  at  least  once  in  some  newspaper  printed 
in  this  city.  The  purchaser  at  sale  shall  take  thereby  a title 
absolute  to  the  property  purchased  as  against  all  persons,  and 
to  such  extent  as  the  power  and  the  authority  of  the  Council 
extends.  Out  of  the  proceeds  of  the  sale,  the  Marshal  shall 
retain  his  costs  for  taking  up  the  animal,  fifty  cents  for  each 
day’s  keeping,  the  expense  of  advertising  in  a newspaper, 
fifty  cents  for  posting  notices,  fifty  cents  for  selling,  and  the 
balance  of  the  money  shall  be  paid  to  the  Treasurer,  who  shall 
retain  the  same  for  the  owner  of  the  animals  sold,  but  if  not 
claimed  within  one  year,  he  shall  report  the  same  as  part  of 
the  general  fund  of  the  city,  and  the  same  shall  be  forfeited 
to  the  city.  The  Marshal  shall  have  no  charges  against  the 
city  for  impounding,  advertising  or  selling  any  animal. 

Sec.  5.  Estrays  impounded,  or  sold  after  impounding 
under  this  ordinance,  may  be  redeemed  at  any  time  upon  pay- 


166 


CITY  ORDINANCES. 


ment  of  all  costs  and  expenses  incurred,  and  the  reasonable 
cost  of  keeping  the  same. 

Sec.  6.  The  Marshal  is  authorized  to  provide  and  keep  the 
pound  at  his  own  cost,  at  such  place  within  the  city  as  he 
may  select. 

Passed  Sept.  29th,  1866. 

Attest:  A.  R.  WEST, 

Geo.  C.  Haman,  Mayor. 

Recorder. 


I 


ORDmANCE  NO.  44. 


AN  ORDINANCE  regulating  the  sale  of  fire  wood  in  the  city  of  Cedar 
Rapids. 

Sec.  1.  Measurer  appointed  by  Council ; his  duties. 

2.  Assistant. 

3.  Penalty  for  violating  this  ordinance. 

4.  Complaint,  and  proceedings. 

5.  Council  may  remove. 

6.  Compensation  of  measurer. 

7.  Taking  effect. 

8.  Alderman  may  measure  and  give  certificate. 

Sec.  1.  it  ordained  hy  the  City  Council  of  the  City  of 
Cedar  Rapids:  That  the  City  Council  shall  appoint  a wood 

measurer,  whose  duty  it  shall  be  to  measure  every  load  of 
wood  offered  for  sale  for  fuel,  and  deliver  to  the  person  offer- 
ing the  same  for  sale  a certificate  of  the  number  of  feet — cord 
measure  therein. 

Sec.  2.  There  shall  be  appointed  by  the  City  Council  an 
assistant  wood  measurer  to  act  in  case  of  tlie  absence  or  ina- 
bility of  the  principal  wood  measurer,  and  perform  the  above 
duties. 

Sec.  3.  It  shall  be  unlawful  for  any  person  to  offer  for  sale 


CITY  ORDINANCES. 


167 


any  load  of  wood  for  fuel  in  this  city  unless  the  same  be  first 
measured,  and  quantity  certified  as  above  provided;  and  any 
person  so  doing  shall  forfeit  and  pay  to  the  city  of  Cedar 
Rapids  a penalty  of  not  exceeding  five  dollars  for  first 
offense,  and  for  each  subsequent  offense  ten  dollars,  which 
penalty  shall  be  enforced  by  suit  in  the  name  of  the  city 
against  the  person  offending,  and  the  proceedings  in  said  suit 
shall  be  in  accordance  with  the  charter  of  the  city  and  the 
ordinance  relating  thereto. 

Sec.  4.  Upon  complaint  under  oath  being  laid  before  the 
Mayor  of  this  city  that  any  person  has  violated  the  third  sec- 
tion of  this  ordinance,  it  shall  be  the  duty  of  the  Police  Judge 
to  issue  a warrant  for  the  arrest  of  such  person,  and  upon  the 
arrest  being  made,  to  proceed  with  the  trial  of  the  complaint. 

Sec.  5.  The  City  Council  may  at  any  time  remove  said 
wood  measurer,  or  assistant  wood  measurer,  and  appoint 
others  in  their  place. 

Sec.  6.  The  wood  measurer,  or  his  assistant,  in  case  he 
performs  the  duties,  shall  receive  a compensation  of  ten  cents 
for  measuring  each  load  of  wood  and  certifying  to  the  con- 
tents, to  be  paid  by  the  person  offering  wood  for  sale. 

Sec.  7.  This  ordinance  to  be  in  force  and  full  effect  after 
the  publication  of  two  notices  posted  in  each  ward  of  said 
city  according  to  law. 

Sec.  8.  It  shall  be  lawful  for  one  Alderman  in  each  ward 
to  measure  and  give  certificate,  the  same  as  is  authorized  to  be 
given  by  the  wood  measurer  or  his  assistant.  , 

Passed  January  4th,  1865. 

Attest:  MO  WRY  FARNUM, 

Geo.  C.  Haman,  Mayor. 

Recorder. 


168 


CITY  ORDINANCES. 


OEDmAlSrCE  NO.  45. 

AN  ORDINANCE  to  vacate  an  alley. 

Whereas,  By  certain  informal  proceedings  taken  in  the 
year  1852,  and  subsequently  the  Mayor  and  Council  of  the 
town  (now  city)  of  Cedar  Kapids  decided  to  vacate  the  alley 
running  through  block  thirty-eight  in  said  city,  and  whereas, 
on  the  strength  of  the  said  action,  valuable  improvements 
have  been  made  and  ended  across  said  alley,  and  whereas  said 
alley  is  not  required  either  for  public  or  neighborhood  utility 
or  convenience. 

Now,  Therefore,  Be  it  ordained  by  the  City  Council  of 
the  city  of  Cedar  Rapids,  that  the  alley  running  through  said 
block  thirty-eight  in  the  city  is  vacated,  and  the  same  is  here- 
by declared  vacated. 

Passed  August  22d,  1862. 

Attest:  CHAS.  WE  ARE, 

S.  C.  Koontz,  Mayor. 

Recorder. 


ORDINANCE  NO.  46. 


AN  ORDINANCE  authorizing  the  construction  and  operation  of  cer- 
tain street  railways  in  and  along  the  streets  of  the  city  of  Cedar 
Rapids. 


Sec.  1 . Granting  privilege  to  lay  track  on  streets. 

2.  Only  animal  power  to  be  used,  and  no  other  cars. 

3.  To  carry  passengers  only. 

4.  To  conform  to  grade  of  the  city,  and  bridge,  gutter  and  keep 

in  repair. 

5.  City  not  to  be  held  liable  for  damage  when  gas  and  water 

pipes  are  broken. 

6.  Track  to  be  laid  in  center  of  street. 

7.  Rate  of  fare. 

8.  A misdemeanor  to  obstruct  the  track. 


CITY  ORDINANCES. 


169 


9.  Conditions  on  which  the  rights  are  granted  by  the  city. 

10.  Right  to  be  exclusive  for  25  years. 

11.  After  1880  City  Council  may  compel  the  building  of  additional 

track. 

12.  Rules  governing  the  running  of  cars. 

13.  The  Company  to  be  liable  for  damages  caused  by  cai'elessness, 

and  save  tlie  city  harmless. 

14.  Company  to  file  notice  of  acceptance  of  the  grant  in  30  days. 

Sec.  1.  Be  it  ordained  hy  the  City  Council  of  the  City 
of  Cedar  Rapids:  That  consent,  permission  and  authority 

is  hereby  given  and  granted  to  and  duly  vested  in  E.  S.  Hill, 
J.  L.  Bever  and  John  W.  Henderson  and  their  successors  and 
assigns,  to  be  known  and  styled  “The  Cedar  Kapids  Street 
Bail  way  Company,”  to  lay  a single  track  for  passenger  rail- 
way lines,  with  all  necessary  and  convenient  tracks  for  turn- 
outs, sidetracks  and  switches,  in,  upon  and  along  all  the 
streets  within  said  city,  or  to  be  hereafter  laid  out  in  said  city, 
together  with  their  extensions  and  connections ; and  authori- 
ty is  hereby  given  said  company,  their  successors  and  assigns, 
to  keep,  maintain,  use  and  operate  thereon  railway  cars  in 
the  manner  and  for  the  time  and  upon  the  conditions  herein- 
after mentioned  and  prescribed. 

Sec.  2.  The  cars  to  be  used  upon  such  tracks  shall  be 
operated  with  animal  power  only,  and  shall  not  connect  with 
any  other  railway  on  wBich  other  power  is  used,  and  no  rail- 
way car  or  carriage  used  upon  any  other  railway  in  this  State 
shall  be  used  upon  any  of  said  tracks. 

Sec.  3.  Said  track  and  railway  shall  be  used  for  the  purpose 
of  transporting  passengers  and  their  ordinary  baggage;  and  the 
cars  and  carriages  for  that  purpose  shall  be  of  the  best  style 
and  class  used  on  such  railways  in  other  cities;  provided  said 
Company  shall  at  all  times  have  the  right  to  use  their  track 
for  transporting  iron,  ties  and  other  material  for  constructing 
their  road  and  keeping  the  same  in  repair,  and  for  such  other 
purposes  as  from  time  to  time  may  be  necessary  in  carrying 
out  any  contract  or  engagement  that  may  be  hereafter  entered 


170 


CITY  ORDINANCES. 


into  by  and  between  the  city  of  Cedar  Rapids  and  said  Com- 
pany. 

Sec.  4.  The  track  of  such  railway  shall  be  laid  so  as  to 
conform  to  the  established  grades  of  the  streets  on  which  the 
road  may  be  built,  and  should  the  said  city  at  any  time  change 
the  grade  of  such  streets,  the  said  Company  shall  re-lay  their 
track  to  conform  thereto,  and  shall  also  pave  or  otherwise 
improve  between  the  rails  of  their  track  and  three  (3)  feet  on 
the  outside  of  same  in  conformity  with  the  street  upon  which 
the  track  is  laid,  and  shall  also  bridge  all  gutters  the  full 
width  of  the  street,  and  keep  the  same  in  repair. 

Sec.  5.  The  said  city  of  Cedar  Rapids  shall  not  be  held 
liable  to  said  Company  for  any  damages  that  may  be  occa- 
sioned by  the  breakage  of  any  gaspipes  or  waterpipes,  or  from 
any  delays  that  may  be  occasioned  by  the  construction  of 
sewers,  laying  of  water  or  gaspipes,  or  the  necessary  repair- 
ing of  the  same,  or  from  the  improvement  or  repair  of  any 
street,  unless  there  be  unwarrantable  delay  in  making  such 
repairs. 

Sec.  6.  Said  tracks  shall  be  laid  in  the  center  of  the 
streets  in  all  cases  where  it  is  practicable  to  so  lay  them, 
except  where  a double  track  is  contemplated,  in  which  case 
the  tracks  may  be  laid  at  such  distance  from  the  center  of 
the  street  as  will  make  the  center  point  between  the  two 
tracks  the  center  of  the  street;  and  such  tracks  shall  not  be 
laid  within  twelve  (12)  feet  of  the  sidewalk  upon  any  street 
in  any  case  where  it  is  practicable  to  be  avoided. 

Sec.  7.  Tlie  rate  of  fare  upon  any  one  line  or  route  of 
railway  shall  not  exceed  ten  cents,  and  five  (5)  cents  for  each 
passenger  from  and  after  tlie  time  the  net  earnings  amount  to 
twelve  (12)  per  cent,  per  annum  on  amount  invested. 

Sec.  8.  The  cars  of  said  Company  shall  be  entitled  to  the 
track  in  all  cases  except  funeral  processions.  Wlien  any 
team  or  vehicle  shall  meet  or  be  overtaken  upon  either  of  the 
street  railways  in  said  city,  such  team  or  vehicle  shall  give 


CITY  OEDINANCES. 


171 


way  to  said  car,  nor  shall  any  person  willfully  or  maliciously 
obstruct,  hinder  or  interfere  with  any  of  the  said  railway  cars, 
by  placing,  driving,  or  stopping,  or  causing  to  be  placed  or 
driven  at  a slow  pace,  any  team,  vehicle  or  other  obstacle 
in,  upon,  across,  along  or  near  the  track  of  said  railway  or 
cither  of  them,  after  being  notihed  by  the  driver  or  con- 
ductor, by  the  ringing  of  the  car  bell  or  otherwise;  and  who- 
soever shall  wilfully  violate  any  of  the  provisions  of  the  above 
section,  shall  be  guilty  of  a misdemeanor,  and  upon  conviction 
thereof,  before  the  Police  Judge,  or  any  Justice  of  the  Peace 
of  said  city,  be  fined  in  any  sum  not  less  than  five  (5)  nor 
more  than  fifty  (50)  dollars,  and  stand  committed  until  the 
fine  is  fully  paid  as  provided  for  by  the  ordinances  of  said  city, 
punishing  misdemeanors. 

Sec.  9.  This  Charter  is  granted  and  the  rights  and  privi- 
leges herein  conferred  are  subject  to  the  following  conditions 
and  qualifications,  to -wit:  That  unless  prevented  or  hin- 

dered by  order,  or  injunction,  or  other  unforeseen  difficulties, 
without  any  fault  or  neglect  on  the  part  of  said  Company,” 
the  said  Company  shall  have  at  least  one  mile  of  said  railway 
fully  completed  and  equipped  and  cars  running  upon  the 
same,  by  the  first  (1st)  day  of  January,  A.  D.  1877,  unless  the 
said  city  of  Cedar  Papids  shall  grant  a further  extension  of 
time ; and  upon  the  failure  of  said  Company  to  comply  with 
the  above  requirements,  all  rights  and  privileges  herein  grant- 
ed shall  be  forfeited  and  revert  to  the  city  of  Cedar  Papids ; 
provided  further,  that  if  the  said  Company  shall  be  prevented, 
hindered  or  enjoined  as  above  mentioned,  the  time  so  delayed 
shall  be  given  to  said  Company  over  and  above  the  time 
given  by  this  section. 

Sec.  10.  The  right  herein  granted  to  this  Company  to 
operate  said  railway,  shall  be  exclusive  for  the  term  of  twenty- 
five  (25)  years  from  the  time  the  first  mile  of  track  is  laid  and 
cars  running  thereon;  and  the  said -city  of  Cedar  Papids  shall  not 
until  after  the  expiration  of  said  term,  grant  to  or  confer  upon 


172 


CITY  ORDINANCES. 


any  person  or  corporation  any  privilege  which  shall  impair  or 
destroy  the  rights  and  privileges  herein  granted  to  said  Com- 
pany. 

Sec.  11.  After  the  year  A.  D.  1880,  whenever  it  may  be 
deemed  for  the  public  interest  to  have  a Street  Railway  con- 
structed from  any  central  part  of  the  city  to  the  city  limits, 
(said  route  to  be  a reasonable  distance  from  any  route  already 
constructed  and  in  operation,  the  City  Council  may,  by  a 
two-thirds  (f)  vote  in  favor  thereof  require  said  Company  to 
construct  and  operate  said  route  upon  the  same  terms  and 
conditions  as  this  charter  is  granted  on,  or  such  other  terms 
and  conditions  as  the  City  Council  may  direct,  and  if  the  said 
Company  shall  fail  or  neglect  to  comply  with  said  require- 
ments, and  give  satisfactory  bonds*  for  a reasonable  amount  to 
insure  the  faithful  compliance  therewith,  within  sixty  (60) 
days  after  written  notice  has  been  served  upon  them,  then  the 
said  city  reserves  the  right  to  grant  this  right  and  privilege 
to  any  other  responsible  person  or  company  on  same  terms 
and  conditions  as  proposed  to  said  Company. 

Sec.  12.  The  cars  or  carriages  of  the  Company  shall  be 
run  upon  and  along  the  tracks  of  said  railway  company  in 
conformity  with  the  following  rules  and  regulations,  to-wit: 

1st.  ~No  car  shall  be  run  at  a greater  speed  than  six  miles 
an  hour. 

2d.  While  cars  are  turning  corners  from  one  street  to 
another,  the  horses  or  mules  attached  thereto  shall  not  be 
driven  faster  than  a walk. 

3d.  Cars  driven  in  the  same  direction  shall  not  approach 
each  other  nearer  than  a distance  of  one  hundred  (100)  feet, 
except  in  cases  of  unavoidable  necessity  or  accident,  or  when 
cars  are  near  at  stations. 

4th.  No  cars  shall  be  left  to  remain  standing  on  any  street 
at  any  time  unless  a train  is  attached  thereto,  and  the  same 
is  waiting  for  passengers,  or  for  other  proper  purposes. 

5th.  No  car  shall  be  allowed  to  stop  on  a cross  walk,  nor 


OITT  ORDINANCES. 


173 


in  front  ot  any  intersecting  street,  except  to  avoid  collision  or 
to  prevent  danger  to  persons  on  the  street,  or  to  take  on  or 
leave  passengers. 

6th.  Tlie  conductors  and  drivers  employed  by  said  Com- 
pany shall  use  reasonable  care  and  diligence  to  prevent  injury 
to  persons,  and  on  the  appearance  of  danger  to  any  one  on  or 
near  the  track,  the  cars  shall  be  stopped,  when  by  so  doing 
such  injury  may  be  averted. 

7th.  All  proper  care  shall  be  used  by  conductors  and 
drivers  to  prevent  injury  to  teams,  carriages,  wagons  and 
other  vehicles. 

8th.  The  conductors  shall  use  proper  diligence  to  prevent 
ladies,  or  children  under  twelve  (12)  years  of  age  from  enter- 
ing or  leaving  the  cars  while  in  motion. 

9th.  Conductors  shall  announce  to  passengers  in  a dis- 
tinct tone  the  names  of  the  streets  crossed,  as  the  cars 
approach  such  cross  street,  and  they  shall  observe  the  same 
rule  when  nearing  the  track  of  any  other  railway  company. 

10th.  The  cars  after  sunset  shall  be  provided  with  signal 
lights. 

11th.  No  car  shall  remain  standing  at  any  one  of  the  sta- 
tions more  than  twenty  minutes,  except  at 'stations  for  water- 
ing horses,  or  at  each  end  of  the  lines  and  stations  nearest  the 
passenger  depots  of  other  Railway  Companies,  at  which 
excepted  stations  they  may  stand  a longer  time. 

And  provided  further  that  the  City  Council  reserves  the 
right  to  make  other  reasonable  rules  and  regulations. 

Sec.  13.  Said  Railway  Company  shall  be  liable  to  and  pay 
to  any  person  injured,  or  their  legal  representatives,  all  dam- 
ages which  may  result  from  carelessness,  negligence  or  mis- 
conduct of  any  of  their  agents  in  construction  or  operation 
of  their  road,  and  save  the  city  harmless  on  account  of  any 
or  all  damages  or  causes  of  action  that  may  accrue  to  any 
person  or  property  by  reason  of  construction  or  operation  of 
said  road. 


174 


CITY  ORDINANCES. 


Sec.  14.  Within  thirty  (30)  days  from  tlie  publication  ot 
tin's  ordinance  said  Company  shall  file  with  the  City  Clerk  a 
written  acceptance  of  the  grants  herein  made,  with  the  condi- 
tions, regulations  and  limitations  above  expressed,  signed  l)y 
the  President  and  Sec^retary  of  said  Company,  and  when  so 
ac.cepted,  this  ordinance  shall  operate  as  a contract  between 
the  city  and  said  Company;  and  upon  failure  to  file  snch 
acceptance  as  aforesaid,  then  the  above  grant  shall  not  become 
operative  to  vest  any  rights,  privileges  or  franchise  whatso- 
ever. Provided  further  that  this  franchise  is  granted  subject 
to  the  faithful  compliance  on  the  part  of  the  said  Street  Rail- 
way Company  to  all  the  conditions  herein  specified. 

Passed  Dec.  18th,  1874. 

Attest:  . A.  P.  HULL, 

J.  C.  Stoddard,  Mayor. 

Recorder. 


ORDINANCE  NO.  47. 


AN  ORDINANCE  concerning  nuisances. 

Sec.  1.  What  are  nuisances. 

2 & 3.  Persons  who  shall  allow  places  to  become  foul,  deemed  guilty  of 
a misdemeanor. 

4.  Any  person  who  shall  expose  any  carrion  or  other  obnoxious  sub- 

stance, deemed  guilty  of  a misdemeanor. 

5.  Duty  of  owner  or  occupant  to  abate,  &c. 

0.  No  Porch,  &c.,  shall  extend  into  the  street  over  four  feet  from 
inside  line. 

Sec.  1.  Be  it  ordained  hy  the  City  Council  of  the  City 
of  Cedar  Bapids:  That  all  slaughter  houses,  pork  houses, 
markets,  cellars,  stores  or  other  buildings  and  places,  which 
are  not  kept  clean  and  free  from  filthy,  putrid,  or  olfensive 


CITY  ORDINANCES. 


1Y5 


substances;  all  places,  substances  or  deposits  which  are  offen- 
sive or  liable  to  engender  or  cause  disease;  any  lot  so  situated 
that  it  retains  water  upon  it  until  it  becomes  stagnant;  all 
pntrid  and  decaying  carcasses,  flesh,  fish  or  vegetables;  all  de- 
posits of*  manure  or  filth  of  any  description;  all  filthy,  stag- 
nant or  offensive  water  or  slops,  when  thrown  upon  any  street 
or  elsewhere,  or  deleterious  to  health;  privies  which  have  not 
a vanlt  at  least  eight  feet  deep,  or  which  have  become  offen- 
sive, are  each  and  all  hereby  declared  to  be  nnisances,  and  as 
such,  are  liable  to  be  removed  and  abated  in  the  manner  here- 
inafter provided. 

Sec.  2.  If  any  person  shall  suffer  or  permit  any  cellar, 
vanlt,  private  drain,  pool,  privy,  sewer  or  grounds  upon  any 
premises  owned  or  occupied  by  him,  to  become  nauseous,  foul, 
or  offensive,  shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  3.  If  any  person,  being  an  owner  or  occupant  of  any 
soap  factory,  candle  factory,  butcher  shop,  packing  house, 
livery  stable,  or  barn  shall  suffer  the  same  to  become  nause- 
ous, foul,  or  offensive,  shall  be  deemed  guilty  of  a misde- 
meanor. 

Sec.  4.  If  any  person  shall  cast  or  have  exposed  in  any 
street,  alley,  lots  or  common  within  this  city,  the  carcass  of 
any  animal,  or  any  putrid  or  unsound  meat,  fish  or  other  sub- 
stance, or  make,  use,  or  keep  in  his,  her,  or  their  dwelling 
house,  shop,  store,  factory,  cellar,  yard,  out-house  lot,  or  any 
other  place  within  the  city,  any  noisome  or  offensive  liquid, 
or  substance  prejudicial  to  the  health  of  the  citizens,  or  an 
annoyance  to  the  neighborhood ; or  shall  throw  or  place  any 
filth,  manure,  offal  or  other  offensive  matter  into  any  street, 
alley  or  lot  within  this  city,  or  shall  violate  any  of  the  provis- 
ions of  this  ordinance,  shall  be  deemed  guilty  of  a misde- 
meanor. 

Sec.  5.  It  shall  be  the  duty  of  the  owner,  agent  or  occu- 
pant of  any  lot,  place  or  building  of  any  kind,  where  any  nui- 
sance may  exist,  to  remove,  abate  or  prevent  the  same,  without 


176 


CITY  OEDINANCES. 


delay,  when  notified  by  the  Marshal,  as  provided  by  Sec.  9,  of 
Ordinance  No.  31,  entitled  “An  Ordinance  establishing  a 
Board  of  Health,”  and  any  person  refusing  or  neglecting  so  to 
do,  after  being  duly  notified,  sliall  be  deemed  guilty  of  a mis- 
demeanor. 

Sec.  6.  No  porch,  stoop,  steps,  cellar  door,  platform  or 
railing  shall  be  allowed  to  extend  into  or  upon  any  sidewalk 
more  than  three  feet,  where  the  sidewalk  is  twelve  feet  or  less 
in  width,  nor  more  than  four  feet  where  the  sidewalk  exceeds 
twelve  feet  in  width.  Nor  shall  there  be  put  up  or  erected, 
or  allowed  to  remain  put  up  or  erected,  any  sign,  show-bill, 
show-case,  canvas  or  other  thing  which  shall  extend  over 
or  upon  any  sidewalk  more  than  four  feet  from  the  inside 
line  of  the  sidewalk. 

Passed  February  5th,  1875. 

Attest:  A.  B.  HULL, 

J.  C.  Stoddard,  Mayor. 

Hecorder. 


OKDINANCE  NO.  48. 

AN  ORDINANCE  to  divide  Wards  number  one,  two  and  three,  and 
change  the  boundary  line  between  the  second  and  third  wards,  and  to 
create  a new  ward. 

Sec.  1.  Be  it  ordained  hy  the  City  Coimcil  of  the  City 
of  Cedar  Rapids:  That  wards  number  one,  two  and  three 

shall  be  and  the  same  are  hereby  divided  as  follows:  All  that 

portion  of  said  city  lying  northeast  of  the  center  of  Van  Buren 
street  to  the  city  limits,  and  abutting  upon  the  same,  shall 
constitute  a new  ward,  and  shall  be  known  and  designated  as 
ward  number  five. 


CITY  ORDINANCES, 


177 


Sec.  2.  That  the  boundary  line  between  the  second  and 
third  wards  be  and  the  same  is  hereby  changed  as  follows: 
All  that  portion  of  said  city  lying  northwest  of  the  center  of 
Brown  street,  and  southwest  of  the  center  of  Van  Buren 
street,  and  southeast  of  the  center  of  Eagle  street  and  abut- 
ting upon  the  same,  shall  be  known  and  designated  as  ward 
number  two.  And  all  that  part  of.  said  city  lying  southeast 
of  the  center  of  Brown  street,  and  southwest  of  Yan  Buren 
street,  and  abutting  upon  the  same,  shall  be  known,  designa- 
ted and  constitute  the  third  ward.  And  the  ward  hereby  cre- 
ated shall  be  entitled  to  representation  as  the  other  wards,  and 
as  provided  by  law. 

Sec.  3.  All  ordinances  and  parts  of  ordinances  inconsis- 
’tent  with  the  provisions  of  this  ordinance  are  hereby  repealed. 

Passed  February  12th,  1875. 

Attest:  A.  B.  HULL, 

J.  C.  Stoddard,  Mayor. 

Recorder. 


ORDINANCE  NO.  49. 

AN  ORDINANCE  establishing  grades. 

Sec.  1.  Be  it  ordained  hy  the  City  Council  of  the  City 
of  Cedar  Rapids:  That  the  base  of  levels  or  datum  line  for 
establishing  the  grades  of  all  streets  and  alleys  within  the 
corporate  limits  of  the  city  of  Cedar  Rapids,  shall  be  low 
water  mark  at  the  foot  of  Iowa  Avenue,  and  is  indicated  by 
the  following  bench-marks,  to  wit: 

The  top  of  the  door-sill  of  the  brick  store  on  No.  71,  John- 


178 


CITY  ORDINANCES. 


son  street,  is  twenty-four  feet  and  ninety-eight  hundredths  of 
a foot  (24.98),  above  the  datum  line. 

The  top  of  water-table  of  the  brick  house  on  the  east  corner 
of  Johnson  and  Jackson  streets,  is  sixty- two  feet  and  eighty- 
one  hundredths  of  a foot  (62.81),  above  datum  line. 

The  top  of  water-table  of  the  brick  house  on  the  north  cor- 
ner of  Linn  and  Jackson  streets,  is  eighty- three  feet  and  forty- 
four  hundredths  of  a foot  (*83. 44),  above  datum  line. 

The  top  of  the  iron  door-sill  next  west  side  of  the  door 
frame  of  the  City  JS^ational  Bank  on  corner  of  Iowa  Avenue 
and  Commercial  streets  is  twenty-one  feet  and  seventy- three 
hundredths  of  a foot  (21.73),  above  datum  line. 

The  top  of  water-table  of  brick  house  on  the  east  corner  of 
Eagle  and  Monroe  streets,  is  fifty  feet  and  thirty-six  hun- 
dredths of  a foot  (50.36)  above  datum  line. 

The  top  of  the  door- sill  next  to  the  south  side  of  the  door 
frame  of  the  south  front  door  of  the  Steam  Cracker  Factory, 
west  corner  of  Franklin  Avenue  and  Commercial  street,  is 
nineteen  feet  and  fifteen  hundredths  of  a foot  (19.15),  above 
datum  line. 

The  top  of  the  door-sill  next  to  the  west  side  of  the  door 
frame  of  the  Second  Ward  Brick  School  House  on  Franklin 
Avenue,  is  twenty-five  feet  and  forty  hundredths  of  a foot 
(25.40),  above  datum  line. 

The  top  of  the  door-sill  next  to  the  west  side  of  the  door 
frame  of  the  frame  house  on  the  east  corner  of  Sanford  and 
Yan  Buren  streets,  is  twenty-three  feet  and  seventy-four  hun- 
dredths of  a foot  (23.74),  above  datum  line. 

The  top  of  the  water-table  at  the  west  corner  of  the  First 
Presbyterian  Church  is  thirty-one  feet  and  forty-three  hun- 
dredths of  a foot  (31.43),  above  datum  line. 

The  top  of  the  abutment  of  the  Park  Avenue  bridge  (on 
west  side),  is  seventeen  feet  and  eighty-two  hundredths  of  a 
foot  (17.82),  above  datum  line. 

The  top  of  the  water-table  of  the  4th  Ward  Brick  School 


CITY  ORDINANCES. 


179 


House,  on  corner  of  Tiiird  and  King  streets,  is  twenty  feet 
and  fifty  linndredtlis  of  a foot  (20.50),  above  datum  line. 

Sec.  2.  All  grades  established  by  this  ordinance,  or  that 
may  be  established  hereafter,  shall  be  calculated  from  the 
datum  line  established  by  Sec.  one  (1)  of  this  ordinance,  and 
shall  be  calculated  for  the  middle  of  the  several  streets  on 
which  they  are  established. 

feEC.  8.  EL^  STREET. 

Elevation  above  datum  line  at 

Washington  street 15.00 

Adams  street. 16.50 

Jefferson  street 22.00 

50  fee,t  northeast  of  Jefferson  street 20.00 

Madison  street 19.50 

Monroe  street 19.50 

Jackson  street 20.00 

Sec.  4.  JOHNSON  STREET. 

Elevation  above  datum  line  at 

Commercial  street 16.00 

Washhington  street 16.50 

Adams  street 20.72 

Jelferson  street  and  50  feet  northeast 23.30 

Madison  street  37.50 

Monroe  street 47.00 

150  feet  northeast  of  Monroe  street 51.10 

Jackson  street 57.48 

Van  Buren  street 60.50 

Sec.  5.  BENTON  STREET. 

Elevation  above  datum  line  at  \ 

Commercial  street 17.30 

Washington  street 20.87 

Adams  kreet 28.20 

Jefferson  street 23.30 

Madison  street 54.85 

200  feet  northeast  of  Madison  street 69.00 

Monroe  street 68.16 

Jackson  street -72.33 

\^an  Buren  street - : 71.33 

300  northeast  of  Van  Buren  street 51.00 

Sec.  6.  LINN  STREET. 

Elevation  aboye  datum  line  at 

Commercial  street 19.30 

150  feet  northeast  of  Commerciarstreet . ^ .19.40 

Soutliwest  side  of  Washington  st i t S.o  ^23.00[ 

Northeast  side  of  Washington  24.00} 

Southwest  side  of  Adams  street  . T — : . .28.20) 

Northeast  side  of  Adams 27.20 

Jefferson  street 23.70 

Madison  street 63.60 


180 


CITY  OKDINANCES. 


150  feet  northeast  of  Madison  street 70.10 

Monroe  street 73.85 

Jackson  street  and  200  feet  northeast 77.85 

Van  Buren  street 68.35 

300  feet  northeast  of  Van  Biiren  street 55.OO 

Harrison  street 53.OO 

Sec.  7.  IOWA  AVENUE. 

Elevation  above  datum  line  at 

Commercial  street 18.30 

150  northeast  of  Commercial  street 2o!oo 

Washington  street 22.70 

Adams  street 26.00 

Jelferson  street 26.50 

Madison  street 39.66 

Monroe  street 57.47 

150  feet  northeast  of  Monroe  street 59.75 

Jackson  street 64.10 

Van  Buren  street  and  300  feet  northeast 64.70 

Harrison  street 58.81 

300  feet  northeast  ot  Harrison  street 56.31 

Polk  street  56.31 

Sec.  8.  EAGLE  STREET. 

Elevation  above  datum  line  at 

Commercial  street  and  150  feet  northeast 18.30 

W ashington  street 19.42 

Adams  street  and  250  feet  northeast 21.90 

Jefferson  street 24.45 

150  feet  northeast  of  Jelferson  street 29.45 

Madison  street 30.76 

150  feet  northeast  of  Madison  street 34.60 

Monroe  street 41.62 

Jackson  street ,57.30 

Van  Buren  street 54.47 

Harrison  street 56.98 

300  feet  northe.ast  of  Handson  street 57.00 

350  feet  “ 57.00 

600  feet  “ “ .52.00 

650  feet  “ “ 52.00 

900  feet  *•  “ 50.00 

Sec.  9.  PARK  AVENUE. 

Elevation  above  datum  line  at 

Commercial  street  and  150  feet  northeast 17.80 

Washington  street 18.36 

Adams  street 24.70 

Jefferson  street 22.30 

Madison  street 28.05 

150  feet  northeast  of  Madison  street.,. ..  26.00. 

Monroe  street . .ChrAV^.^.i..  25.4o/ 

Jackson  street 35.4o{ 

SoiTthwest^de  of  Van  Buren  street 38.90 

Northeast  side  of  Van  Buren  street 41.50 

150  feet  northeast  of  Ahi'n  Buren  street  46.40 

450  feet  “ 50.90 

Harrison  steet 52.05 


CITY  ORDINANCES. 


181 


Polk  street . 

050  feet  ’•••••••  ’ • • • • • : .'4I00 

Sec.  10.  FRANKLI^sT  AVENUE. 

Elevcition  above  datuiii  line  at 

Commercial  street 

^yaslnng•ton  street 17  so 

150  feet  northeast  of  Washington  street is’so 

150  feet  northeast  of  Adams  street."  25*25 

Madison  street ok  nn 

Monroe  street 09  00 

Southwest  of  Jackson  street ^ 'C.  ‘ * ’qf  0^7 

Northeast  of  Jackson  street  J.  W ^ ' ' qo 
150  feet  northeast  of  Jackson  street.  /. u7"  * 42  20 

300  feet  northeast  of  Van  Buren  street 40  00 

Harrison  street 

g)0  feet  northeast  of  Harrison  street 5000 

800  feet  northeast  of  Polk  street ka  aa 

500  feet  “ « 

850  feet  “ “ 4-’aa 

^ 

^EC.  11.  GKEENE  STEEET. 

Elevation  above  datum  line  at 

Commercial  street 

Washington  street ■■■■.■.' fioA 

Ad^^Tllcj  Gfraaf  J-I.OU 

200  feet  northeast  of  Adams' street i.'.' 2226 

50  feet  northeast  of  Jefferson  street. if  on 

southwest  side  of  Madison  street ! . atqn 

Northeast  side  of  Madison  street 99  qo 

150  feet  northeast  of  Madison  street 97 10 

Monroe  street  and  200  feet  northeast 99  S 

Jackson  street 

Van  Buren  street.  .• qc «q 

850  feet  northeast  or  Van  Buren  street '42  00 

Harrison  street 

northeast  of  Harrison  street ’ 47  00 

Polk  street 

200  feet  northeast  of  Polk  street  ‘ .' .’ '. ." .45  34 
BROWN  STREET. 

Elevation  above  datum  line  at 

Commercia  1 street 1 7 on 

Washington  street . 1/ 

J efferson  street 

!aa  ii^rtheast  of  Jefferson  s'treet.  ‘ I".."  .'i Jg  43 

200  feet  “ » 

Madison  street q? 

150  feet  northeast  of  Madison  stree't  31  45 


182 


CITY  ORDINANCES. 


Monroe  street 27.30 

100  feet  northeast  of  Monroe  street .' 23.90 

Jackson  street 22.50 

Van  Buren  street 22.00 

Sec.  13.  I) AmELS  STREET. 

Elevation  above  datunr  line  at 

Commercial  sfreet 17.80 

W asliington  Street 16.30 

Adams  street 15.27 

J eff erson  street : 1 9.67 

Madison  street r 19.67 

Monroe  street .24.25 

Sec.  14.  SAJSTEORD  STREET. 

Elevation  above  datum  line  at 

Commercial  street 17.80 

Washington  street 15.80 

Adams  street 13.27 

250  feet  northeast  of  Adams  street 14.30 

Jefferson  street 18.75 

50  feet  northeast  of  Jefferson  street .16.60 

Madison  street ...15.98 

200  feet  northeast  of  Madison  street 23.90 

Monroe  street 23.90 

Jackson  street (sidewalk  grade  is  6 inches  higher) 24.90 

100  feet  northeast  of  Jackson  street  “ 21.30 

Van  Buren  street  “ 20.30 

Mills  street  “ . . ! 21.00 

200  feet  northeast  of  Mills  street  “ 24.00 

Southwest  side  ofTlarrison  street  “ 27.50 

Northeast  side  of  Harrison  street  ‘‘  28.50 

200  feet  northeast  of  Plarri son  street  “ 41.50 

Sec.  15.  CA]^PE]^TER  STREET. 

Elevation  above  datum  liiie  at. 

Commercial  street 17.80 

W asliington  street : 1 5.30 

Adams  street 12.27 

250  feet  northeast  of  Adams  street. 12.27 

Jefferson  street 16.70 

50  feet  northeast  of  Jefferson  street. . . *. 14.00 

Madison  street. 15.30 

Monroe  street 17.93 

Jackson  street 28.23 

200  feet  northeast  of  Jackson  st.  (sidewalk  6 inches  higher)  21.00 
Van  Buren  street  “ 20.15 

Mills  street  “ 21.00 

Sec.  16.  LEGARE  STREET.  t 

Elevation  above  datum  line  at 

Washington  street 14.^>0 

Adams  street 1 2.00 

Jefferson  street 12.29 

Madison  street 13.50 

Monroe  street 17.30 

Jackson  street 19.50 

Van  Buren  street  (sidewalk  grade  6 inches  Higher) 20.00^ 

300  feet  northeast  of  Van  Buren  st.  “ 23.10* 


Index  to  Ordinances,  City  of  Cedar  Rapids. 


No.  of 
Old. 
4 
12 
14 
10 
50 
91 


Page. 

50 

97 

108 

115 

284 

849 


AUCTIONEERS,  PEDDLERS,  &c. 

Repealed,  1 

Am.  Ordinace  No.  12.  Repealed  by  Ord.  .M,  page  234. 

Repealed  prior  Ordinance.  See  printed  Ord.  89,  p.  156. 
Ringing  bells  and  loud  noises.  “ “ 35,  p.  145. 


ANNEXATION. 

358  Annexing  4th  Ward,  election  of  Aldermen,  &c. 


77  295 

79  304 

100  885 

Ord.  Book  2, 

149  48 

150  54 

155  76 


BONDS  OF  CITY. 

Bonds  for  Are  engine.  See  printed  Oi’d.  21.  page  115. 
Amended  Ordinance  77.  “ “ “ 21,  page  115 

Bonds  for  Park  Avenue  bridge.  “ “ 36,  page  146. 

Bonds  for  James  Street  bridge- 
“ “ Benton  “ “ 

“ “ construction  of  sewer. 


BILLIARD  TABLES,  BOWLING  ALLEYS,  &c. 


27 

131 

Licensing  games.  "1 

30 

141 

Amended  Ord.  27.  | 

39 

164 

Am.  Ord.  27  and  30.  All  included  in  pr.  Ord.  39,  p.  157. 

56 

234 

Rep’ling  prior  Ords  1 

102 

392 

Amended  Ord.  56.  J 

See  printed  Ordinance  No.  39,  page  157. 

No.  of 
Old. 
120 


rage. 

450 


J30ARD  OF  HEALTH. 

Establishing  of.  See  printed  Ordinance  31,  page  136. 


1 67 

127  504 

Ord.  Book  2. 
144  29 


CITY  COUNCIL. 

Relative  to  Council.  See  printed  Ordinance  3,  page  67. 
Amended  Ord.  7— expelling  members,  &c.  j 

See  pnnted  Ordinance  3,  page  67.  f 
Amended  Ord.  7 and  127.  Not  in  printed  Ordinances. 


DOGS,  LICENSING,  &c. 

25  125  Licensing.  Repealed  by  Ordinance  65,  page  260. 

47  204  “ “ “ “ “ “ “ 

65  260  “ Repealed  Ordinance  25  and  47, 

125  488  “ New  Ordinance,  repealing  prior  Ord. 


DRUNKENNESS. 

3 57  Fine  for  (obsolete).  See  Sec.  28  printed  Ord.  7,  page  94. 


ELECTIONS. 

110  413  Opening  and  closing  of  polls,  judges  of,  &c. 

See  printed  Ordinance  4,  page  70. 


FIRE  POLICE- 

Establisliing  of.  See  printed  Ordinance  24,  page  125. 


135 


526 


Ortl.  Book  2. 


No.  of 
Ord. 
162 


Page. 

95 


FIEE  ALAKM  TELEGRAPH. 
To  protect  same  and  hydrants. 


FIRE-ARMS. 

63  256  Discharging  of.  See  printed  Ordinance  33,  page  144. 


FINE  AND  PENALTIES. 
60  252  Prosecuting  and  proceedings  for; 


FIRES. 

26  129  To  prevent.  Repealed. 

59  241  “ “ See  printed  Ordinance  25,  p.  127. 

132  522  “ Am.  Ord.  59.  “ “ “ “ « 


FIRE  DEPARTMENT. 

Regulating,  &c.  Repealed  by  Ordinance  96,  page  366. 

“ “ Am.  by  Ord.  98.  See  pr.  Ord.  23,  p.  121. 

“ “ “ “ Ord.  96.  “ “ “ “ “ 

Exemptions  of  firemen,  &c. 


78  299 

85  327 

96  366 

98  383 

Ord.  Book  2. 
154  74 


FIRE  LIMITS. 

82  318  Establishing  of. 

93  358  “ “ See  as  to  Repeal  of  Ordinance  82. 

Ord.  Book  2. 

148  45  Establishing  of. 

153  72 

159  86 


No.  of 
Old. 
81 
134 


Page. 

319 

525 


GUN  POWDER. 

Regulating  keeping  of.  See  pr.  Ord.  34,  p.  145. 

“ “ Am.  Ord.  81.  “ “ “ “ 


83  323 

84  325 
Ord.  Book  2. 

141  1 

160  89 


GRADES  OF  STREETS. 
Establishing  of.  (Obsolete.) 


“ “ Amended  Ordinance  141. 

I ~ 


GAS  WORKS. 

112  420  Franchise  of.  See  printed  Ordinance  32,  page  139. 


GUTTERS. 

128  507  Curbing  of,  &c. 

Ord.  Book  2. 

166  102  Curbing,  paving,  &c. 


28  133 

34  156 

109  -110 

136  528 

Ord.  Book  2. 
143  29 


HACKS,  DRAYS,  &o. 

Licensing  and  regulating.  Repealed. 

“ “ “ Amended  Ordinance  28. 

“ “ “ Repealed  Ordinances  28  and  34.  ) 

See  printed  Ordinance  41,  page  160.  f 
Licensing  and  regulating. 

Licensing  and  regulating.  Re})ealed  Ordinance  136.  ) 
See  printed  Ordinance  40,  page  159.  f 


HOTELS. 


Ord.  Book.  2. 

No.  of 


Old. 

1()4 


Pag(‘ 

1)0 


Loud  noises  in  soliciting  guests,  &c. 


INTOXICATmO  LIQUORS. 

114  433  Proliibiting  sale  of.  See  printed  Ordinance  8,  page  96. 


LOTS. 

69  271  Numbering  of.  See  printed  Ordinance  29,  page  132. 


1 55 

8 70 

13  102 

27  131 

30  141 

33  155 

36  161 

39  164 

56  234 

102  392 

Ord.  Book  2. 
167  108 


LICENSES. 

Issuing  of,  &c.  See  Ordinance  13,  page  102. 

“ “ Rep.  by  Ord.  56,  p.  234.  See  pr.  Ord.  39,  p 146. 

“ Repealed. 

“ “ for  games. 

“ “ Amended  Ordinance  27. 

“ “ Peddlers.  Am.  Ord.  8,  obsolete. 

“ “ Amended  Ordinance  30  repealed . 

“ “ See  printed  Ordinance  39,  page  156. 

“ “ Am.  Ord.  56.  See  printed  Ord.  39,  page  156. 

Regulating  the  issuing  of.  i 


10 

82 

17 

114 

20 

116 

70 

273 

106 

401 

U6 

438 

117 

445 

135 

526 

Ord.  Book  2. 

161 

93 

162 

95 

164 

99 

168 

110 

MISDEMEANORS. 

Defining  and  punishing  of. 

Amended  Section  15  of  Ordinance  10. 

“ Ordinance  10. 

Repealing  all  others.  See  printed  Ord.  7,  p.  87. 

Penalty  when  not  otherwise  provided.  “ “ “ “ 

Amended  Section  13  of  Ordinance  70.  “ “ “ “ 

Getting  on  and  off  cars.  See  printed  Ord.  20,  page  115. 
See  Section  6. 

Loafers,  &c. 

Protect  fire  alarm  telegraph  and  hydrants. 

Loud  noises  in  soliciting  guests  for  hotels,  &c. 

See  Sections  6,  7 and  8. 


MONEYS. 


Ord.  Book  2. 


No.  of 
Ord. 
103 


Page. 

97 


Appropriation  of. 


MINORS, 

117  445  Getting  on  cars  while  in  motion . See  pr.  Ord.  20,  p.  115. 


NUISANCES. 

2 56  Defining,  &c. 

5 60  “ “ See  printed  Ord.  47,  page  174. 

18  114  “ “ Am.  Ord.  2.  “ “ “ “ “ “ 

139  534  “ “ Slaughter  houses,  &c.  “ “ “ “ 


OFFICERS. 

126  501  Election,  appointment  of,  &c.  See  printed  Ord.  4,  p.  70. 


PRISONERS. 

95  362  Working  of  for  fines.  See  printed  Ord.  12,  page  102. 


PEDDLERS. 

See  printed  Ordinance  39,  page  156. 


RAILWAYS. 

6 64  Right  of  way  to  I.  & N.  R.  R.  See  pr.  Ord.  13, p.  104. 

9 77  Subscriptioii  to  R.  R.  stock.  Obsolete. 

22  119 

31  142  Regulating  speed  of,  &c.  See  printed  Ord.  19,  p.  113. 


No.  of 

rage. 

Ord. 

41 

170 

53 

228 

52 

227 

55 

231 

64 

257 

66 

261 

67 

265 

68 

266 

92 

350 

Old.  Book  2. 
156  81 

170  117 

Ord.  Book  1. 
138  532 


R AIB  W AY  S— CONCLLDED. 

Right  of  way  to  D . & S . W . R . R . See  pr . Ord . 14,  p . lOt) . 
“ “ C.  & N.  W.  R.  Obsolete.  Repealed  } 

by  Ordinance  53,  page  228 . f 
Right  of  way  to  C.  & N.  W.  R.  Repealed  last ) 
Ordinance  52 . See  printed  Ord . 15,  p . 108 . ) 
Rightof  way  toC.R.&St.P.R.  See  pr.  Ord.  18,p.lll. 

“ “ “ “C.&N.W.R.  “ “ “ 15, p. 108. 

Speed  of  and  obstruction  by . “ “ “ 19, p.  113. 

“ “ “ Am.  Ord.  66.  “ “ “ 

Rt.  of  way  add’alC.&N.W.R.  “ “ “ 16,p.l09. 

“ “ “ B.,C.R.&M.R.  “ “ “ 17,p.ll0. 

Rightof  way  additional  B.,  C.  R.  &N.  R. 

Granting  part  of  block  64  to  C.,  M.  & St.  P.  R. 

Right  to  street  railway.  See  printed  Ord.  46,  p.  168. 


15 

104 

REVENUE. 

As  to  city  revenue . Repealed . 

See  pr . Ord . 6,  p . 78 . 

24 

124 

Amended  Ordinance  15. 

“ “ “ “ “ 

'32 

144 

Amending  and  repealing. 

“ “ “ “ “ 

42 

174 

“ “ “ “ “ 

48 

206 

Amended  Ordinance  42 . 

62 

255 

“ “ 48.  Obsolete. 

71 

279 

Levying,  collecting  taxes,  &c. 

See  pr.  Ord.  6,  p.  78. 

130 

513 

Amended  Ordinance  71. 

Ord.  Book  2. 

151  60  Amended  Section  16  or  Ord.  130.  See  pr.  Ord.  6,  p.  78. 


STREETS  AND  STREET  COMMISSIONER. 


11  93 

29  139 

49  215 

51  219 

69  271 

Ord.  Book  2. 
166  102 


Appointment  of  Commissioner, &c.  Seepr.Ord.30,p.l34. 
Grades,  &c.  Repealed  by  new  Ordinance. 

Amended  Ordinance  29 . Repealed. 

Special  sidewalk  tax,  &c.  Repealed. 

Naming  of  streets  and  numbering  of  lots.  } 

See  printed  Ordinance  29,  page  132 . f 
Paving,  macadamizing  of,  &c. 


STREET  RAILWAY. 

532  Franchise  of.  See  printed  Ordinance  46,  page  168 . 


138 


No.  of  p 
Old.  ^ 

21  m 

51  219 

Orel.  Book  2. 
169  114 


.SIDEWALKS. 
Hepiiiriiig  of,  &c. 

“ “ “ Specifil  tax. 

Building,  repairing  of,  &c. 


SEAL  OF  CITY. 

122  477  Establishing  of.  See  printed  Ordinance  2,  page  66. 


SABBATH. 

105  396  Observance  of.  See  printed  Ordinance  10,  page  101. 

“ “ See  Ord  7,  Sec.  26,  pr.  Ord.  7,  page  93. 


46  201 

80  305 

101  391 

103  394 

122  481 

Ord.  Book  2. 
146  32 

158  85 

168  110 

171  128 

173 

174 


SALOONS. 

Regulating  of. 

Sale  of  ale,  beer  and  wine . Repealed . 
AmendedOrdinance80.  Obsolete. 

Licensing,  regulating,  &c.  See  printed  Ord.  9,  p.  98. 

License  for  sale  of  beer  and  wine. 

Reducing  license  from  $300  to  $200.  Am.  Ord.  146. 
Regulating  and  licensing  sale  of  ale,  beer  and  wine. 
Repealing  2-mile  limit  clause  in  Ordinance  168. 
Amended  Ordinance  158— license  from  $200  to  $300. 
Repealed  amended  Ord.  173— leaving  license  $200. 


SINKING  FUND. 

90  346  Providing  a sinking  fund.  See  pr.  Ord.  22,  page  120. 

Ord.  Book  2. 

1.52  69  Providing  a bridge  fund. 


No.  of 
Ord. 

i’atre. 

28 

121 

85 

157 

38 

168 

45 

196 

58 

244 

61 

2.54 

99 

884 

183 

524 

Ord. 

Book  2. 

145 

31 

172 

129 

STOCK  AT  LARGE. 

Swine  proliibitin^.  &e. 

As  to  horses,  mules,  &c.  See  i)r.  Ord.  4:>,  j).  ir>4 

As  to  swine  amended  Ord.  28.  ” “ “ 42,  p.  162 

“ “ “ at  large.  “ “ 

“ “ horses,  &c.  “ “ “ 48,  p.  164 

“ “ swine  amended  Ordinance  4.5. 

Repeals  Ordinance  61 . 

Amended  Ordinance  .58,  adding  cattle. 

Amended  Ordinance  138. 

Repeals  in  part  prior  Ords.  Swine,  horses,  cattle,  Ac 


WOOD. 

44  198  Regulating  sale  of.  See  printed  Ord.  44,  page  16(5. 


111 

414 

113 

480 

Ord. 

Book  2. 

142 

16 

147 

41 

WATER  WORKS. 


Franchise  to  Water  Co. 

Repeal  of  all  rights  under  Ord.  111. 


j-  Obsolete. 


Franchise.  &c.,  to  Water  Co. 

Locating  and  deeding  a piece  of  land  to  Water  Co. 


'0i1i 


I 

t 

% 


